LOCAL GOVERNMENT ACT 2009 - SECT 131
Warrants—applications made electronically
LOCAL GOVERNMENT ACT 2009 - SECT 131
Warrants—applications made electronically
131 Warrants—applications made electronically
(1) An authorised person may make an electronic application for a warrant if
the authorised person considers it necessary because of—
(a) urgent
circumstances; or
(b) special circumstances (including the authorised
person’s remote location, for example).
(2) An
"electronic application" is an application made by phone, fax, radio, email,
videoconferencing or another form of electronic communication.
(3) The
authorised person must prepare an application for the warrant that states the
grounds on which the warrant is sought, before applying for the warrant.
(4)
However, the authorised person may apply for the warrant before the
application is sworn.
(5) The magistrate may issue the warrant only if the
magistrate is satisfied that—
(a) it was necessary to make the application
electronically; and
(b) the way that the application was made was appropriate
in the circumstances.
(6) If the magistrate issues the warrant, and it is
reasonably practicable to send a copy of the warrant to the authorised person
(by fax or email, for example), the magistrate must immediately do so.
(7) If
it is not reasonably practicable to send a copy of the warrant to the
authorised person—
(a) the magistrate must—
(i) inform the authorised
person of the date and time when the magistrate signed the warrant; and
(ii)
inform the authorised person of the terms of the warrant; and
(b) the
authorised person must write on a warrant form—
(i) the magistrate’s name;
and
(ii) the date and time when the magistrate signed the warrant; and
(iii)
the terms of the warrant.
(8) The copy of the warrant sent to the authorised
person, or the warrant form properly completed by the authorised person,
authorises the authorised person to enter the property, and to exercise the
powers, mentioned in the warrant that was signed by the magistrate.
(9) The
authorised person must, at the first reasonable opportunity, send the
magistrate—
(a) the sworn application; and
(b) if the authorised person
completed a warrant form—the completed warrant form.
(10) When the
magistrate receives those documents, the magistrate must attach them to the
warrant that was signed by the magistrate, and give the warrant to the clerk
of the court.
(11) Unless the contrary is proven, a court must presume that a
power exercised by an authorised person was not authorised by a warrant issued
under this section if—
(a) a question arises, in any proceedings before the
court, whether the exercise of power was authorised by a warrant; and
