Co-operatives National Law (NSW)

An inspector may apply for a warrant by phone, fax, radio or another form of communication if the inspector considers it necessary because of—

urgent circumstances; or

other special circumstances, including, for example, the inspector’s remote location.

Before applying for the warrant, the inspector must prepare an application stating the grounds on which the warrant is sought.

The inspector may apply for the warrant before the application is sworn.

After issuing the warrant, the designated authority must immediately provide by fax or another form of communication a copy to the inspector if it is reasonably practicable to do so.

If it is not reasonably practicable to provide a copy to the inspector—

the designated authority must—

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

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

the inspector must complete a form of warrant (the warrant form) and write on it—

the designated authority’s name; and

the date and time the designated authority issued the warrant; and

the warrant’s terms.

The copy of the warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the other powers stated by the warrant issued by the designated authority.

The inspector must, at the first reasonable opportunity, send the designated authority—

the sworn application; and

if the inspector completed a warrant form—the completed warrant form.

On receiving the documents, the designated authority must attach them to the warrant.

Subsection (10) applies to a court if—

a question arises, in proceedings in or before the court, whether a power exercised by an inspector was authorised by a warrant issued under this section; and

the warrant is not produced in evidence.

The court may presume the exercise of the power was not authorised by a warrant issued under this section, unless the contrary is proved.