Transport Operations (Marine Safety) Act 1994

A shipping 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 specifying the grounds on which the warrant is sought.

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

If the magistrate issues the warrant and it is reasonably practicable to fax a copy of it to the inspector, the magistrate must immediately fax the copy to the inspector.

If the magistrate issues the warrant but it is not reasonably practicable to fax a copy of it to the inspector—

the magistrate must—

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

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

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

the inspector must—

complete a form of warrant (warrant form) in the same terms as the warrant issued by the magistrate; and

write on the warrant form the name of the magistrate and the date and time the magistrate signed the warrant.

The facsimile warrant, or the warrant form properly completed by the inspector, is authority for the entry and the exercise of the other powers permitted by the warrant issued by the magistrate.

The inspector must send to the magistrate—

the sworn application; and

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

The sworn application and any completed warrant form must be sent to the magistrate at the earliest practicable opportunity.

When the magistrate receives the application and any warrant form, the magistrate must attach them to the warrant issued by the magistrate.

If—

in a proceeding a question arises whether the exercise of a power was authorised by a warrant issued under this section; and

the warrant is not produced in evidence;