Document ID: chunk:federal_register_of_legislation:F2022L00468:reg:130
Version: federal_register_of_legislation:F2022L00468
Segment Type: reg
Provision Reference: reg 130
Character Range: 136752–138745

130  Warrants—applications made other than in person
 (1) An inspector may apply for a warrant by telephone, fax, email, radio or other form of communication if the inspector considers it necessary because of urgency or other special circumstances.
 (2) Before applying for the warrant, the inspector must prepare an information stating the grounds on which the warrant is sought.
 (3) The inspector may apply for the warrant before the information is sworn or affirmed.
 (4) After issuing the warrant, the magistrate must immediately provide a written copy to the inspector if it is reasonably practicable to do so.
 (5) If it is not reasonably practical for the magistrate to provide a written copy to the inspector:
 (a) the magistrate must tell the inspector:
 (i) the terms of the warrant; and
 (ii) the date and time the warrant was issued; and
 (b) the inspector must complete a form of warrant (the warrant form) and write on it:
 (i) the name of the magistrate; and
 (ii) the date and time the magistrate issued the warrant; and
 (iii) the terms of the warrant.
 (6) The written copy of the warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the inspector's other powers stated in the warrant issued by the magistrate.
 (7) The inspector must send the magistrate at the first reasonable opportunity:
 (a) the information referred to in subsection (2), which must have been sworn or affirmed; and
 (b) if the inspector completed a warrant form—the warrant form.
 (8) On receiving the documents, the magistrate must attach them to the warrant.
 (9) A court must find that a power exercised by an inspector was not authorised by a warrant under this section if:
 (a) the question arises in a proceeding before the court whether the exercise of power was authorised by a warrant; and
 (b) the warrant is not produced in evidence; and
 (c) it is not proved that the exercise of power was authorised by a warrant under this section.