Queensland Consolidated Acts

NATURE CONSERVATION ACT 1992 - SECT 150

150 Warrants may be granted by telephone, facsimile, radio etc.

(1) If a conservation officer considers it necessary to do so because of—

(a) urgent circumstances; or

(b) other special circumstances, including, for example, the officer’s remote location;

the officer may, under this section, apply by telephone, facsimile, radio or another form of communication for a warrant under section 148 or 149 .

(2) Before applying for the warrant, the conservation officer must prepare information of the kind mentioned in section 148 (2) or 149 (2) that sets out the grounds on which the issue of the warrant is sought.

(3) If it is necessary to do so, a conservation officer may apply for the warrant before the information has been sworn.

(4) If the magistrate is satisfied—

(a) after having considered the terms of the information; and

(b) after having received such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought;

that there are reasonable grounds for issuing the warrant, the magistrate may, under section 148 or 149 , complete and sign the warrant that the magistrate would issue under the section if the application had been made under the section.

(5) If the magistrate completes and signs the warrant, the magistrate must immediately send a copy of the warrant to the conservation officer by facsimile or, if it is not reasonably practicable to do so—

(a) the magistrate must—

(i) tell the officer what the terms of the warrant are; and

(ii) tell the officer the day and time when the warrant was signed; and

(iii) record on the warrant the reasons for granting the warrant; and

(b) the officer must—

(i) complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and

(ii) write on the form of warrant the name of the magistrate and the day and time when the magistrate signed the warrant.

(6) The conservation officer must also—

(a) not later than the day after the day of expiry or execution of the warrant (whichever is the earlier); or

(b) if it is not practicable to comply with paragraph (a) —as soon as practicable after the day mentioned in the paragraph;

send to the magistrate—

(c) the information mentioned in subsection (2) , which must have been properly sworn; and

(d) if a form of warrant was completed by the conservation officer under subsection (5) (b) —the completed form of warrant.

(7) When the magistrate receives the documents mentioned in subsection (6) , the magistrate must—

(a) attach them to the warrant that the magistrate completed and signed; and

(b) deal with them in the way in which the magistrate would have dealt with the information if the application for the warrant had been made under section 148 or 149 .

(8) A facsimile copy of a warrant, or a form of warrant properly completed by the conservation officer under subsection (5) (b) , is authority for any entry, search, seizure or other exercise of a power that the warrant signed by the magistrate authorises.

(9) If—

(a) it is material for a court to be satisfied that an entry, search, seizure or other exercise of power was authorised by this section; and

(b) the warrant completed and signed by the magistrate authorising the exercise of power is not produced in evidence;

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