Cemeteries and Crematoria Act 2020

An authorised person may apply for a warrant by phone, radio, email, fax, letter or other form of communication if the authorised person considers it necessary because of—

urgent circumstances; or

other special circumstances.

Before applying for the warrant, the authorised person must prepare an application stating the grounds on which the warrant is sought.

The authorised person may apply for the warrant before the application is sworn.

If the magistrate issues the warrant, the magistrate must immediately give a written copy to the authorised person if it is practicable to do so.

If it is not practicable to immediately give a written copy of the warrant to the authorised person—

the magistrate must tell the authorised person—

the terms of the warrant; and

the date and time the warrant was issued; and

the authorised person must complete a form of warrant (the warrant form) and write on it—

the magistrate’s name; and

the date and time the magistrate issued the warrant; and

the terms of the warrant.

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, at the first reasonable opportunity, send to the magistrate—

the sworn application; and

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

On receiving the documents mentioned in subsection (7), 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—

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

the warrant is not produced in evidence; and

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