Environmental Protection Act 1994

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

urgent circumstances; or

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

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

The authorised person may apply for the warrant before the application is sworn.

After issuing the warrant, the magistrate must immediately fax a copy to the authorised person if it is reasonably practicable to fax the copy.

If it is not reasonably practicable to fax a copy of the warrant to the authorised person—

the magistrate must—

tell the authorised person what the terms of the warrant are; and

tell the authorised person the date and time the warrant was signed; and

record on the warrant the reasons for issuing the warrant; and

the authorised person must write on a form of warrant (warrant form)—

the magistrate’s name; and

the date and time the magistrate signed the warrant; and

the warrant’s terms.

The facsimile warrant, or the warrant form properly completed by the authorised person, authorises the entry and the exercise of the other powers authorised by the warrant issued by the magistrate.

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

the sworn application; and

if a warrant form was completed by the authorised person—the completed warrant form.

On receiving the documents, the magistrate must attach them to the warrant.

Unless the contrary is proved, a court must presume that a power exercised by an authorised person was not authorised by a warrant issued under this section if—

a question arises, in a proceeding before the court, whether the exercise of power was authorised by a warrant; and

the warrant is not produced in evidence.