Warrants by telephone, fax etc.
59 Warrants by telephone, fax etc.
If, in an urgent case, a WELS inspector considers it necessary to do so, the WELS inspector may apply to a magistrate by telephone, fax or other electronic means for a warrant under section 58.
The magistrate may—
require communication by voice to the extent that it is practicable in the circumstances; and
make a recording of the whole or any part of any such communication by voice.
Before applying for the warrant, the WELS inspector must prepare an affidavit of the kind mentioned in section 58(2) that sets out the grounds on which the warrant is sought.
If it is necessary to do so, the WELS inspector may apply for the warrant before the affidavit is sworn or affirmed.
If the magistrate is satisfied—
after having considered the terms of the affidavit; and
after having received such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought—
that there are reasonable grounds for issuing the warrant, the magistrate may complete and sign the same warrant that the magistrate would issue under section 58 if the application had been made under that section.
If the magistrate completes and signs the warrant—
the magistrate must—
tell the WELS inspector what the terms of the warrant are; and
tell the WELS inspector the day on which and the time at which the warrant was signed; and
tell the WELS inspector the day (not more than one week after the magistrate completes and signs the warrant) on which the warrant ceases to have effect; and
record on the warrant the reasons for issuing the warrant; and
the WELS inspector must—
complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and
write on the form the name of the magistrate and the day on which and the time at which the warrant was signed.
The WELS inspector must also, not later than the day after the day of expiry or execution of the warrant, whichever is the earlier, send to the magistrate—
the form of warrant completed by the WELS inspector; and
the affidavit referred to in subsection (3), which must have been duly sworn or affirmed.
When the magistrate receives those documents, the magistrate must—
attach them to the warrant that the magistrate completed and signed; and
deal with them in the way in which the magistrate would have dealt with them if the application had been made under section 58.
A form of warrant duly completed under subsection (6) is authority for the same powers as are authorised by the warrant signed by the magistrate.
If—
it is material, in any proceedings, for a court to be satisfied that an exercise of a power was authorised by this section; and
the warrant signed by the magistrate authorising the exercise of the power is not produced in evidence—
the court must assume, unless the contrary is proved, that the exercise of the power was not authorised by such a warrant.
Note
This section differs from section 59 of the Commonwealth Act.
This Act’s bill:Explanatory memorandumSecond reading speech
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