Queensland Consolidated Acts

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FISHERIES ACT 1994 - SECT 149

149 Warrants—applications made other 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 inspector's remote location.

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

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

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

(5) If it is not reasonably practicable to fax a copy of the warrant 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 on the warrant the reasons for issuing it; and
(b) the inspector must—
(i) complete a form of warrant (warrant form) 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 permission for the entry and the exercise of the other powers permitted 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 a completed warrant form must be sent to the magistrate at the earliest practicable opportunity.

(9) When the magistrate receives the application and warrant form, the magistrate must attach them to the warrant issued by the magistrate.

(10) Unless the contrary is proved, a court must presume that the exercise of a power was not permitted by a warrant under this section if an issue arises, in a proceeding before the court, whether the exercise of power was authorised by a warrant under this section and the warrant is not produced in evidence.



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