WORK HEALTH AND SAFETY ACT 2011 - SECT 167A
Electronic application
WORK HEALTH AND SAFETY ACT 2011 - SECT 167A
Electronic application
167A Electronic application
(1) An application under section 167may be made by phone, fax, email, radio,
videoconferencing or another form of electronic communication if the inspector
reasonably considers it necessary because of—
(a) urgent circumstances; or
(b) other special circumstances, including, for example, the inspector’s
remote location.
(2) The application—
(a) may not be made before the
inspector prepares a written application under section 167(2) ; but
(b) may
be made before the application is sworn.
(3) The magistrate may issue the
warrant (the
"original warrant" ) only if the magistrate is satisfied—
(a) it was
necessary to make the application under this section; and
(b) the way the
application was made was appropriate.
(a) if there is a reasonably practicable way of
immediately giving a copy of the warrant to the inspector, including, for
example, by sending a copy by fax or email, the magistrate must immediately
give a copy of the warrant to the inspector; or
(b) otherwise—
(i) the
magistrate must tell the inspector the information mentioned in section 167(5) ; and
(ii) the inspector must complete a form of warrant, including by
writing on it the information mentioned in section 167(5) provided by the
magistrate.
(5) The copy of the warrant mentioned in subsection (4) (a) , or
the form of warrant completed under subsection (4) (b) (in either case the
"duplicate warrant" ), is a duplicate of, and as effectual as, the
original warrant.
(6) The inspector must, at the first reasonable
opportunity, send to the magistrate—
(a) the written application complying
with section 167(2) ; and
(b) if the inspector completed a form of warrant
under subsection (4) (b) —the completed form of warrant.
(7) The magistrate
must keep the original warrant and, on receiving the documents under
subsection (6) —
"relevant Magistrates Court" , in relation to a magistrate, means the
Magistrates Court that the magistrate constitutes under the
Magistrates Act 1991.
Note—
In relation to the numbering of this section,
see the note to section 3.