Fuels Rationing Act 2019

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

urgent circumstances; or

other special circumstances.

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

The inspector may apply for the warrant before the application is sworn.

After issuing the warrant, the magistrate must immediately provide a written copy to the inspector if it is practicable to do so.

If it is not practicable to provide a written copy of the warrant to the inspector—

the magistrate must tell the inspector—

what the terms of the warrant are; and

the date and time the warrant was issued; and

the inspector 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 warrant’s terms.

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

The inspector must, at the first reasonable opportunity, send to the magistrate—

the sworn application; and

if the inspector 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 inspector was not authorised by a warrant under this section if—

the question arises in a proceeding in 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.