Gene Technology Act 2003

If, in an urgent case, an inspector considers it necessary to do so, the inspector may apply to a magistrate by telephone, fax or other electronic means for a warrant under section 173 for premises.

The magistrate may require communication by voice to the extent that it is practicable in the circumstances.

Before applying for the warrant, the inspector must prepare an affidavit in relation to the premises stating the grounds on which the warrant is sought.

If it is necessary to do so, the inspector may apply for the warrant before the affidavit is sworn.

If the magistrate is satisfied—

after having considered the terms of the affidavit; and

after having received the further information (if any) that the magistrate requires about the grounds on which the issue of the warrant is being sought;

If the magistrate completes and signs the warrant—

the magistrate must—

tell the inspector what the terms of the warrant are; and

tell the inspector the date and time the warrant was signed; and

tell the inspector the day (not later than 1 week after the magistrate completes and signs the warrant) the warrant ceases to have effect; and

record on the warrant the reasons for issuing the warrant; and

the inspector must—

complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and

write on the form the name of the magistrate and the day and time the warrant was signed.

The inspector must also, not later than the day after the day of expiry or execution of the warrant, whichever is the earlier, send to the magistrate—

the form of warrant completed by the inspector; and

the affidavit mentioned in subsection (3), which must have been properly sworn.

When the magistrate receives the documents mentioned in subsection (7), the magistrate must—

attach them to the warrant that the magistrate completed and signed; and

deal with them how the magistrate would have dealt with the affidavit if the application had been made under section 173.

A form of warrant completed under subsection (6) is authority for any entry, search, seizure or other exercise of a power that the warrant signed by the magistrate authorises.

If—

it is material, in a proceeding, for a court to be satisfied that an exercise of a power was authorised by this section; and

the warrant signed by the magistrate authorising the exercise of the power is not produced in evidence;

A reference in this part to a warrant under section 173 includes a reference to a warrant signed by a magistrate under this section.