Assisted Reproductive Technology Act 2024

A magistrate may issue a warrant on a remote application by—

immediately giving a written copy of the warrant to the authorised person if it is practicable to do so; or

if it is not practicable to do so—tell the authorised person the following:

the warrant terms;

the date and time the warrant is issued.

If the magistrate issues a warrant under subsection (1) (b), the authorised person must complete a form of warrant (the warrant form) stating—

the magistrate’s name; and

the date and time the magistrate issued the warrant; and

the warrant terms.

The written copy of the warrant, or the warrant form properly completed by the authorised person, authorises the entry and the exercise of the authorised person’s powers under this part.

The authorised person must, as soon as is reasonably practicable—

swear the remote application; and

give the magistrate—

the sworn application; and

if the authorised person completed a warrant form—the warrant form.

On receiving the documents mentioned in subsection (4) (b), the magistrate must attach them to the warrant.

A court must find that a power exercised by an authorised person was not authorised by a warrant under this section if—

a question arises in a proceeding before the court whether the exercise of the power was authorised by a warrant; and

the warrant is not produced in evidence; and

it is not proved that the exercise of the power was authorised by a warrant under this section.