Document ID: chunk:federal_register_of_legislation:F2008C00493:body:0:p12
Version: federal_register_of_legislation:F2008C00493
Segment Type: other
Provision Reference: 
Character Range: 26247–28847

the grounds on which the application is made, including matters referred to in section 11 ('application for warrant to arrest').

 (3) If an application for a warrant is made in person, the applicant must take an oath before the Magistrate that each statement in the application is correct to the best of his or her knowledge.

 (4) If an application to a Magistrate by a special constable for a warrant has been made orally but not in person, the constable must, as soon as practicable, give a written statement of the matters referred to in subsection (2) to the Magistrate.

 (5) As soon as practicable after an application, except an application made in person, is made:
 (a) the applicant must take an oath in accordance with the form in Schedule 2 before:
 (i) a leader; or
 (ii) a medical officer;
  that each statement in the application is correct to the best of his or her knowledge; and
 (b) the applicant must give the instrument setting out the oath taken by the applicant, or a copy of the instrument, to the Magistrate.

20 Grant of warrants

 (1) A Magistrate must not grant a warrant unless:
 (a) the special constable making the application (or another person) has provided the Magistrate with any further information that the Magistrate requires concerning the application; and
 (b) the Magistrate is reasonably satisfied that there are grounds to issue the warrant.

 (2) If a Magistrate grants a warrant, the Magistrate must:
 (a) state in writing:
 (i) the facts and other matters specified in the application; and
 (ii) details of any other matters;
  on which he or she has relied to grant the warrant; and
 (b) attach the statement to the warrant, or the copy of the warrant, filed under paragraph (4) (b).

 (3) A Magistrate who grants a warrant must, if practicable, tell the applicant orally of its terms and the time at, and date on, which it was granted.

 (4) As soon as practicable after the grant of a warrant, the Magistrate who granted the warrant:
 (a) must give the warrant, or a copy of the warrant, to the applicant; and
 (b) must file in the Magistrates Court:
 (i) if the applicant applied for the warrant in writing — the application; and
 (ii) the warrant or a copy of the warrant; and
 (iii) the written statement (if any), or a copy of the statement, referred to in subsection 19 (4) ('application for warrants'); and
 (iv) the instrument (if any), or a copy of the instrument, referred to in subsection 19 (5).

21 Giving effect to warrants

 (1) A special constable must not, in searching premises, damage the premises or a thing in or on the premises