Enforcement warrants by telephone, fax etc
288 Enforcement warrants by telephone, fax etc
An inspector may apply to a magistrate by telephone, fax or other electronic means for a warrant under section 287 in relation to premises:
in an urgent case; or
if the inspector believes, on reasonable grounds, that the delay that would occur if an application were made in person would frustrate the effective execution of the warrant.
The magistrate may require communication by voice to the extent that it is practicable in the circumstances.
An application under this section must include all information of the kind mentioned in subsection 287(2) in relation to the premises 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.
If the magistrate is satisfied:
after considering the terms of the information; and
after receiving such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought;
that there are reasonable grounds for issuing the warrant, the magistrate may complete and sign the same warrant that the magistrate would issue under section 287 if the application had been made under that section.
If the magistrate completes and signs the warrant, the magistrate 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 complete a form of warrant in the same terms as the warrant completed and signed by the magistrate, stating on the form:
the name of the magistrate; and
the day on which, and the time at which, the warrant was signed.
The inspector must also, not later than the day after the day on which the warrant ceased to be in force or the day of execution of the warrant, whichever is earlier, send to the magistrate:
the form of warrant completed by the inspector; and
the information referred to in subsection (3), which must have been duly sworn or affirmed.
The magistrate must attach to the documents provided under subsection (7) the warrant signed by the magistrate.
A form of warrant duly completed under subsection (6) is authority for the same powers as are authorised by the warrant signed by the magistrate.
If:
it is material, in any proceedings, 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;
the court must assume, unless the contrary is proved, that the exercise of the power was not authorised by such a warrant.
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