Queensland Consolidated Acts

HEALTH PRACTITIONERS (PROFESSIONAL STANDARDS) ACT 1999 - SECT 86

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

(a) urgent circumstances; or

(b) other special circumstances, including, for example, the investigator's remote location.

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

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

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

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

(a) the magistrate must tell the investigator--

(i) what the terms of the special warrant are; and

(ii) the date and time the special warrant was issued; and

(b) the investigator must complete a form of warrant (a 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 investigator, authorises the entry and the exercise of the other powers stated in the special warrant issued by the magistrate.

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

(a) the sworn application; and

(b) if the investigator completed a warrant form--the completed warrant form.

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

(9) A court or disciplinary body must find the exercise of the power by an investigator was not authorised by a special warrant if--

(a) an issue arises in a proceeding before the court or disciplinary body whether the exercise of the power was authorised by a special warrant; and

(b) the special warrant is not produced in evidence; and

(c) it is not proved by the person relying on the lawfulness of the entry that the investigator obtained the special warrant.