Document ID: chunk:federal_register_of_legislation:C2021C00345:clause:6_284kb:p1
Version: federal_register_of_legislation:C2021C00345
Segment Type: clause
Provision Reference: sch 6 cl 284KB (pt 1/2)
Character Range: 226477–229124

284KB  Transmitter access warrants

Application for warrant
 (1) An inspector may apply to an issuing officer by telephone, fax or other electronic means for a warrant under this section in relation to land, premises, a vessel, an aircraft, a space object or a vehicle.
Note:  For issuing officer, see section 284KD.
 (2) The issuing officer:
 (a) may require communication by voice to the extent that it is practicable in the circumstances; and
 (b) may make a recording of the whole or any part of any such communication by voice.
 (3) Before applying for the warrant, the inspector must prepare an information that sets out the grounds on which the warrant is sought. If it is necessary to do so, the inspector may apply for the warrant before the information is sworn or affirmed.

Issue of warrant
 (4) The issuing officer may issue the warrant if, after considering the terms of the information and receiving such further information (if any) that the issuing officer requires, the issuing officer is satisfied that:
 (a) a transmitter is operating on any land, or on or in the premises, vessel, aircraft, space object or vehicle; and
 (b) the land, premises, vessel, aircraft, space object or vehicle is or are unoccupied; and
 (c) the operation of the transmitter is causing substantial loss or damage.

Content of warrant
 (5) The warrant must:
 (a) describe the land, premises, vessel, aircraft, space object or vehicle to which the warrant relates; and
 (b) state that the warrant is issued under this Division; and
 (c) name one or more inspectors; and
 (d) specify the day (not more than 1 week after the issue of the warrant) on which the warrant ceases to be in force.
 (6) The warrant must authorise each inspector named in the warrant to:
 (a) enter the land, premises, vessel, aircraft, space object or vehicle, if the entry is made in circumstances of such seriousness and urgency as to require and justify entry to prevent the consequence set out in paragraph (4)(c); and
 (b) take such action as the inspector considers necessary to cause the transmitter to:
 (i) cease operating; or
 (ii) operate in such a way as to no longer give rise to the consequence set out in paragraph (4)(c).
 (7) The warrant must state whether entry is authorised to be made at any time of the day or during specified hours of the day.

Informing inspector
 (8) After completing and signing the warrant, the issuing officer must inform the inspector who applied for the warrant, by telephone, fax or other electronic means, of:
 (a) the terms of the warrant; and
 (b) the day on which, and the time at which, the warrant was signed.

Obligations on