Queensland Consolidated Acts Queensland Consolidated Acts(1) An authorised officer or police officer may apply for a temporary assessment order (a special order) by phone, fax, radio or another form of communication if the officer considers it necessary because of--
(a) urgent circumstances; or
(b) other special circumstances, including, for example, the officer's remote location.
(2) Before applying for the order, the officer must prepare an application stating the grounds on which the order is sought.
(3) The officer may apply for the order before the application is sworn.
(4) After making the order, the magistrate must immediately fax a copy of it to the officer if it is reasonably practicable to fax the copy.
(5) If it is not reasonably practicable to fax a copy of the order to the officer--
(a) the magistrate must tell the officer--
(i) what the terms of the order are; and
(ii) the date and time the order was made; and
(b) the officer must complete a form of order (order form) and write on it--
(i) the magistrate's name; and
(ii) the date and time the magistrate made the order; and
(iii) the order's terms.
(6) The facsimile order, or the order form properly completed by the officer, authorises the exercise of powers under the order made by the magistrate.
(7) The officer must, at the first reasonable opportunity, send to the magistrate--
(a) the sworn application; and
(b) if the officer completed an order form--the completed order form.
(8) On receiving the documents, the magistrate must attach them to the order.
(9) A court must find the exercise of the power by an officer was not authorised by a special order if--
(a) an issue arises in a proceeding before the court whether the exercise of the power was authorised by a special order; and
(b) the order is not produced in evidence; and
(c) it is not proved by the person relying on the lawfulness of the entry that the officer obtained the order.