FISH RESOURCES MANAGEMENT ACT 1994 - SECT 188
FISH RESOURCES MANAGEMENT ACT 1994 - SECT 188
188 . Warrants may be granted by telephone etc.
(1) A fisheries
officer may apply for a warrant by telephone, fax, radio or another form of
communication if the fisheries officer considers it necessary because of
—
(a)
urgent circumstances; or
(b) the
officer’s remote location.
(2) Before applying
for the warrant, the fisheries officer must prepare an application that sets
out the grounds on which the warrant is sought.
(3) The fisheries
officer may apply for the warrant before the evidence on oath in support is
given.
(4) If the justice
issues the warrant and it is reasonably practicable to fax a copy of it to the
fisheries officer, the justice must immediately fax the copy to the fisheries
officer.
(5) If the justice
issues the warrant but it is not reasonably practicable to fax a copy of it to
the fisheries officer —
(a) the
justice must —
(i)
tell the fisheries officer what the terms of the warrant
are; and
(ii)
tell the fisheries officer the date and time the warrant
was signed; and
(iii)
record the reasons for issuing the warrant on the
warrant;
and
(b) the
fisheries officer must —
(i)
complete a form of warrant in the same terms as the
warrant issued by the justice; and
(ii)
write on the warrant form the name of the justice and the
date and time the justice signed the warrant.
(6) The facsimile
warrant, or the warrant form properly completed by the fisheries officer, is
authority for the entry and search and the exercise of any other powers
authorised by the warrant issued by the justice.
(7) The fisheries
officer must, as soon as practicable, send to the justice —
(a) the
evidence on oath in support; and
(b) if a
warrant form was completed by the fisheries officer — the completed
warrant form.
(8) When the justice
receives the evidence on oath in support and any warrant form, the justice
must attach them to the warrant issued by the justice.
[Section 188 amended: No. 84 of 2004 s. 80.]