Dangerous Substances Act 1979

If, on the application of an authorised officer, a magistrate is satisfied that there are reasonable grounds to believe—

that a contravention of this Act has been, is being, or is about to be, committed in or on a place or vehicle; or

that something may be found in or on a place or vehicle that has been used in, or constitutes evidence of, a contravention of this Act; or

that access is otherwise reasonably required to a place or vehicle in connection with the administration, operation or enforcement of this

An application for the issue of a warrant may be made either personally or by facsimile or telephone.

The grounds of an application for a warrant must be verified by affidavit.

An application for the issue of a warrant may not be made by facsimile or telephone unless in the opinion of the applicant a warrant is urgently required and there is insufficient time to make the application personally.

If an application for the issue of a warrant is made by facsimile, the following provisions apply:

the application must be in a form approved by the Chief Magistrate and be accompanied (through facsimile transmission) by an affidavit made by the applicant verifying the facts referred to in the application;

the applicant must be available to speak to the magistrate by telephone;

the magistrate is entitled to assume, without further inquiry, that the applicant is an authorised officer and that a person who identifies himself or herself as the applicant during a telephone conversation with the magistrate is indeed the applicant;

the magistrate may, on being satisfied that there are sufficient grounds for the issue of a warrant (relying on the application and, if the magistrate thinks it necessary to speak to the applicant, one or more telephone conversations with the applicant), make out and sign a warrant, noting on the warrant the facts on which he or she relies as grounds for the issue of the warrant;

the warrant will be taken to have been issued, and will come into force, when signed by the magistrate;

the magistrate must inform the applicant of the terms of the warrant (and may do this by telephone).

If an application for the issue of a warrant is made by telephone, the following provisions apply:

the applicant must inform the magistrate of his or her name and identify himself or herself as an authorised officer, and the magistrate, on receiving that information, is entitled to assume, without further inquiry, that the applicant is an authorised officer;

the applicant must inform the magistrate of the grounds on which the issue of the warrant is sought;

if it appears to the magistrate from the information furnished by the applicant that there are proper grounds for the issue of a warrant, the magistrate must inform the applicant of the facts on which he or she relies as grounds for the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts;

if the applicant gives such an undertaking, the magistrate may then make out and sign a warrant, noting on the warrant the facts on which he or she relies as grounds for the issue of the warrant;

the warrant will be taken to have been issued, and will come into force, when signed by the magistrate;

the magistrate must inform the applicant of the terms of the warrant;

the applicant must, as soon as practicable after the issue of the warrant, forward to the magistrate an affidavit verifying the facts referred to in paragraph (c).

A magistrate by whom a warrant is issued must file the warrant, or a copy of the warrant, and the affidavit (or a facsimile copy of the affidavit) verifying the grounds on which the application for the warrant was made, in the Magistrates Court.

A warrant, if not executed at the expiration of one month from the date of its issue, then expires.