HERITAGE ACT 2004 - SECT 87 Warrants—application made other than in person

HERITAGE ACT 2004 - SECT 87

    (1)     An authorised person may apply for a warrant by phone, fax, radio, email, letter or other form of communication if the authorised person considers it necessary because of—

        (a)     urgent circumstances; or

        (b)     other special circumstances.

    (2)     Before applying for the warrant, the authorised person must prepare an application stating the grounds on which the warrant is sought.

    (3)     The authorised person may apply for the warrant before the application is sworn.

    (4)     After issuing the warrant, the magistrate must immediately provide a written copy to the authorised person if it is practicable to do so.

    (5)     If it is not practicable to provide a written copy to the authorised person—

        (a)     the magistrate must—

              (i)     tell the authorised person what the terms of the warrant are; and

              (ii)     tell the authorised person the date and time the warrant was issued; and

        (b)     the authorised person must complete a form of warrant (the "warrant form") and write on it—

              (i)     the magistrate's name; and

              (ii)     the date and time the magistrate issued the warrant; and

              (iii)     the warrant's terms.

    (6)     The written copy of the warrant, or the warrant form properly completed by the authorised person, authorises the entry and the exercise of the authorised person's powers under this part.

    (7)     The authorised person must, at the first reasonable opportunity, send to the magistrate—

        (a)     the sworn application; and

        (b)     if the authorised person completed a warrant form—the completed 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 authorised person 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.