Queensland Consolidated Acts

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SECURITY PROVIDERS ACT 1993 - SECT 37

37 Warrants--applications made otherwise 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 officer's remote location.

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

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

(4) If the magistrate issues the warrant and it is reasonably practicable to fax a copy of it to the inspector, the magistrate must immediately fax the copy to the inspector.

(5) If the magistrate issues the warrant but it is not reasonably practicable to fax a copy of it to the inspector--

(a) the magistrate must--
(i) tell the inspector what the terms of the warrant are; and
(ii) tell the inspector the date and time the warrant was signed; and
(iii) record the reasons for issuing the warrant on the warrant; and
(b) the inspector must--
(i) complete a form of warrant in the same terms as the warrant issued by the magistrate; and
(ii) write on the warrant form the name of the magistrate and the date and time the magistrate signed the warrant.

(6) The facsimile warrant, or the warrant form properly completed by the inspector, is authority for the entry and the exercise of the other powers authorised by the warrant issued by the magistrate.

(7) The inspector must send to the magistrate--

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

(8) The sworn application and any completed warrant form must be sent to the magistrate at the earliest practicable opportunity.

(9) On receipt of the application and any warrant form, the magistrate must attach them to the warrant issued by the magistrate.

(10) If--

(a) it is material for a court to be satisfied that the exercise of a power was authorised by a warrant issued under this section; and
(b) the warrant is not produced in evidence;

the court must assume the exercise of power was not authorised by a warrant, unless the contrary is proved.



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