Work Health and Safety Act 2012

An inspector may make an application to a magistrate for a search warrant by telephone, telex, facsimile or other electronic means – in an urgent case; or if the delay that would occur if an application were made in person would frustrate the effective execution of the warrant.

The magistrate may require communication by voice to the extent that is practicable in the circumstances.

An application under this section is to include all information required to be provided in an application for a search warrant under section 167, but the application may, if necessary, be made before the information is sworn.

If an application is made to a magistrate under this section and, after considering the information and having received and considered the further information (if any) that he or she required, the magistrate is satisfied that – a search warrant in the terms of the application should be issued urgently; or the delay that would occur if an application were made in person would frustrate the effective execution of the search warrant – the magistrate may complete and sign the same form of warrant that would be issued under section 167.

If the magistrate decides to issue the search warrant, the magistrate is to inform the applicant, by telephone, telex, facsimile or other electronic means, of the terms of the warrant and the day on which and the time at which it was signed.

The applicant is to then complete a form of search warrant in terms substantially corresponding to those given by the magistrate, stating on the form the name of the magistrate and the day on which and the time at which the warrant was signed.

The applicant, not later than the day after the day of expiry of the search warrant or the day after the day on which the search warrant was executed, whichever is the earlier, is to give or transmit to the magistrate the form of warrant completed by the applicant and, if the information referred to in subsection (3) was not sworn, that information duly sworn.

The magistrate is to attach to the documents provided under subsection (7) the form of search warrant completed by the magistrate.

If – it is material, in any proceedings, for a court to be satisfied that the exercise of a power under a search warrant issued under this section was duly authorised; and the form of search warrant signed by the issuing officer is not produced in evidence – the court is to assume, unless the contrary is proved, that the exercise of the power was not duly authorised.