Queensland Consolidated Acts

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CONSUMER CREDIT (QUEENSLAND) ACT 1994 - SECT 34

34 Warrants--applications made other than in person

(1) An inspector may apply for a warrant by phone, fax, radio or another form of communication if the inspector considers it necessary because of--

(a) urgent circumstances; or
(b) other special circumstances, including, for example, the inspector's remote location.

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

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

(4) After issuing the warrant, the magistrate must immediately fax a copy to the inspector if it is reasonably practicable to do so.

(5) If it is not reasonably practicable to fax a copy to the inspector--

(a) the magistrate must tell the inspector--
(i) what the terms of the warrant are; 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 magistrate's name; and
(ii) the date and time the magistrate issued the warrant; and
(iii) the terms of the warrant.

(6) The facsimile warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the other powers stated in the warrant issued by the magistrate.

(7) The inspector must, at the first reasonable opportunity, send to the magistrate--

(a) the sworn application; and
(b) if the inspector completed a warrant form--the completed warrant form.

(8) On receiving the documents, the magistrate must attach them to the warrant.

(9) Subsection (10) applies to a court if--

(a) an issue arises, in a proceeding in or before the court, whether a power exercised by an inspector was authorised by a warrant issued under this section; and
(b) the warrant is not produced in evidence.

(10) The court must presume that the exercise of the power was not authorised by a warrant issued under this section, unless the contrary is proved.



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