Electoral Act 1992

For an application made under section 337, the magistrate may issue the warrant (the original warrant) only if the magistrate is satisfied—

it was necessary to make the application under section 337; and

the way the application was made under section 337 was appropriate.

After the magistrate issues the original warrant—

if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or

otherwise—

the magistrate must tell the authorised officer the information mentioned in section 336(2); and

the authorised officer must complete a form of warrant, including by writing on it the information mentioned in section 336(2) provided by the magistrate.

The copy of the warrant mentioned in subsection (2)(a), or the form of warrant completed under subsection (2)(b) (in either case the duplicate warrant), is a duplicate of, and as effectual as, the original warrant.

The authorised officer must, at the first reasonable opportunity, send to the magistrate—

the written application complying with section 335(2) and (3); and

if the authorised officer completed a form of warrant under subsection (2)(b)—the completed form of warrant.

The magistrate must keep the original warrant and, on receiving the documents under subsection (4)—

attach the documents to the original warrant; and

give the original warrant and documents to the clerk of the court of the relevant magistrates court.

Despite subsection (3), if—

an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and

the original warrant is not produced in evidence;

This section does not limit section 335.

In this section—relevant magistrates court, in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991.