Australian Naval Nuclear Power Safety Act 2024

An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 68 in relation to an investigation area:

in an urgent case; or

if the delay that would occur if an application were made in person would frustrate the effective execution of the warrant.

The issuing officer:

may require communication by voice to the extent that it is practicable in the circumstances; and

may make a recording of the whole or any part of any such communication by voice.

Before applying for the warrant, the inspector must prepare an information of the kind mentioned in subsection 68(2) in relation to the investigation area that sets out the grounds on which the warrant is sought. If it is necessary to do so, the inspector may apply for the warrant before the information is sworn or affirmed.

The issuing officer may complete and sign the same warrant that would have been issued under section 68 if, after considering the terms of the information and receiving such further information (if any) that the issuing officer requires, the issuing officer is satisfied that:

the warrant should be issued urgently; or

the delay that would occur if an application were made in person would frustrate the effective execution of the warrant.

After completing and signing the warrant, the issuing officer must inform the inspector, by telephone, fax or other electronic means, of:

the terms of the warrant; and

the day on which, and the time at which, the warrant was signed.

The inspector must then do the following:

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

state on the form the following:

the name of the issuing officer;

the day on which, and the time at which, the warrant was signed;

send the following to the issuing officer:

the form of warrant completed by the inspector;

the information referred to in subsection (3), which must have been duly sworn or affirmed.

The inspector must comply with paragraph (6)(c) by the end of the day after the earlier of the following:

the day on which the warrant ceases to be in force;

the day on which the warrant is executed.

The issuing officer must attach the documents provided under paragraph (6)(c) to the warrant signed by the issuing officer.