Application for authorisation order by telephone
50 Application for authorisation order by telephone
(1) If it is impracticable for a senior police officer to make an application to the Local Court for an authorisation order, the officer may apply to a Local Court Judge for the order, and the application may be dealt with by a Local Court Judge, by telephone under this section.
The applicant must inform the Local Court Judge:
the applicant is a senior police officer; and
of the applicant's name and rank.
(3) On receiving the information mentioned in subsection (2), the Local Court Judge is entitled to assume, without further inquiry, the applicant is authorised to make an application for an authorisation order.
(4) The Local Court Judge must satisfy himself or herself (as far as practicable), by the oral questioning of the applicant and any other available witness by telephone, that the case is of sufficient urgency to justify dealing with the application without requiring the personal attendance of the applicant.
If under subsection (4):
(a) the Local Court Judge is not satisfied it is appropriate to deal with the application, the Local Court Judge must direct the applicant to apply to the Local Court under section 49; or
(b) the Local Court Judge is satisfied it is appropriate to deal with the application, the applicant must inform the Local Court Judge of the grounds on which the applicant proposes to make the public safety order.
(6) If the Local Court Judge is satisfied there are sufficient grounds for the applicant to make the public safety order, the Local Court Judge must inform the applicant of the facts the magistrate considers justify the making of the public safety order (the relevant facts).
(7) If the applicant undertakes to make an affidavit verifying the relevant facts, the Local Court Judge may:
(a) make the authorisation order noting on the order the relevant facts; and
inform the applicant of the terms of the authorisation order.
As soon as practicable after the authorisation order is made:
(a) the applicant must forward to the Judge an affidavit verifying the relevant facts; and
the Local Court Judge must:
forward to the applicant a copy of the order; and
(ii) file the order, or a copy of the order, and the affidavit forwarded by the applicant, in the Local Court .
(9) An authorisation order made by a Local Court Judge under this section is taken to be an authorisation order made by the Local Court under section 49.
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