Tobacco and Other Smoking Products Act 1927

A magistrate may issue a warrant on application under section 40 (3) by—

if practicable—immediately giving a written copy of the warrant to the authorised officer; or

if not practicable—telling the authorised officer the following:

the information mentioned in section 41 (2);

the date and time the warrant is issued.

If the magistrate issues a warrant under subsection (1) (b), the authorised officer 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 information mentioned in section 41 (2).

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

The authorised officer must, as soon as reasonably practicable—

swear the application; and

give the magistrate—

the sworn application; and

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

a question arises in a proceeding before the court about 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.