Commonwealth Consolidated Acts

ROAD TRANSPORT REFORM (DANGEROUS GOODS) ACT 1995 - SECT 25

             (1)  An authorised officer may make an application to a Magistrate for a warrant by telephone, facsimile or other electronic means:

                     (a)  in an urgent case; or

                     (b)  if the delay that would occur if an application were made in person would frustrate the effective execution of the warrant.

             (2)  The Magistrate may require communication by voice with the applicant to the extent that is practicable in the circumstances.

             (3)  An application under this section must include all information required to be given in an application for a warrant under section 24, but the application may, if necessary, be made before the information is sworn.

             (4)  If:

                     (a)  an application is made under this section; and

                     (b)  the Magistrate has considered the information in the application and any further information the Magistrate requires; and

                     (c)  the Magistrate is satisfied that the delay that would occur if an application were made in person would frustrate the effective execution of the warrant;

the Magistrate may complete and sign the same form of warrant that would be issued under section 24.

             (5)  If the Magistrate decides to issue the warrant, the Magistrate must inform the applicant, by telephone or facsimile or other electronic means, of the terms of the warrant and the day on which and the time at which it was signed.

             (6)  If the information referred to in subsection (3) was not sworn, the authorised officer must, not later than the day after the day of expiry of the warrant or the day after the day on which the warrant was executed, whichever is the earlier, give to the Magistrate the information duly sworn.

             (7)  The Magistrate must attach to the documents given under subsection (6) the form of warrant completed by the Magistrate.

             (8)  If it is material, in any proceedings, for a court to be satisfied that the exercise of a power under a warrant issued under this section was duly authorised, the court must assume, unless the contrary is proved, that the exercise of the power was not duly authorised unless the form of warrant signed by the Magistrate is produced in evidence.

             (9)  If an application for a warrant is made under this section, section 24 applies as if:

                     (a)  subsection 24(1) referred to 48 hours rather than 72 hours; and

                     (b)  paragraph 24(4)(f) referred to 48 hours rather than 7 days.