Environment Protection (Sea Dumping) Act 1981

An application to a magistrate for a warrant under section 30 may be made by telephone, fax or other electronic means:

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

An application under this section must include all information required to be provided in an ordinary application for a warrant under section 30, but the application may, if necessary, be made before the information is sworn or affirmed.

If the magistrate is satisfied:

after having considered the information mentioned in subsection (3); and

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

If the magistrate signs a warrant under subsection (4):

the magistrate must notify the inspector, by telephone, fax or other electronic means, of the terms of the warrant and the date on which and the time at which it was signed, and write on it the reasons for granting it; and

the inspector must complete a form of warrant in the terms notified to the inspector by the magistrate and write on it the name of the magistrate and the date on which and the time at which it was signed.

If the inspector completes a form of warrant under subsection (5), the inspector must, not later than the day after the day on which the warrant ceased to be in force or was executed, whichever is the earlier, give or send to the magistrate the form of warrant completed by the inspector and, if the information mentioned in subsection (3) was not sworn or affirmed, that information duly sworn or affirmed.

The magistrate must attach to the documents provided under subsection (6) the warrant signed by the magistrate.

A form of warrant that has been duly completed by the inspector under subsection (5), and is in accordance with the terms of the warrant signed by the magistrate, has the same authority as the warrant signed by the magistrate.

If:

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

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