Child Care Services Act 2007

In this section —

A reference in this section to making an application includes a reference to giving information in support of the application.

An application must be made in person before a JP unless —

the warrant is needed urgently; and

the applicant reasonably suspects that a JP is not available within a reasonable distance of the applicant,

the application may be made to the JP by remote communication; and

the JP must not grant it unless satisfied about the matters in paragraphs (a) and (b).

An application must be made in writing unless —

the application is made by remote communication; and

it is not practicable to send the JP written material,

the application may be made orally; and

the JP must make a written record of the application and any information given in support of it.

An application must be made on oath unless —

the application is made by remote communication; and

it is not practicable for the JP to administer an oath to the applicant,

the application may be made in an unsworn form; and

if the JP issues an entry warrant, the applicant must as soon as is practicable send the JP an affidavit verifying the application and any information given in support of it.

If on an application made by remote communication a JP issues an entry warrant, the JP must if practicable send a copy of the original warrant to the applicant by remote communication, but otherwise —

the JP must send the applicant by remote communication any information that must be set out in the warrant; and

the applicant must complete a form of warrant with the information received and give the JP a copy of the form as soon as is practicable after doing so; and

the JP must attach the copy of the form to the original warrant and any affidavit received from the applicant and make them available for collection by the applicant.

The copy of the original warrant sent, or the form of the warrant completed, as the case may be, under subsection (6) has the same force and effect as the original warrant.

If an applicant contravenes subsection (5)(d) or (6)(b), any evidence obtained under the entry warrant is not admissible in proceedings in a court or the State Administrative Tribunal.