Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section —
application means an application for an entry
warrant;
remote communication means any way of
communicating at a distance including by telephone, fax, email and radio.
(2) A reference in
this section to making an application includes a reference to giving
information in support of the application.
(3) An application
must be made in person before a justice unless —
(a) the
warrant is needed urgently; and
(b) the
applicant reasonably suspects that a justice is not available within a
reasonable distance of the applicant,
in which
case —
(c) it
may be made to the justice by remote communication; and
(d) the
justice must not grant it unless satisfied about the matters in
paragraphs (a) and (b).
(4) An application
must be made in writing unless —
(a) the
application is made by remote communication; and
(b) it
is not practicable to send the justice written material,
in which
case —
(c) it
may be made orally; and
(d) the
justice must make a written record of the application and any information
given in support of it.
(5) An application
must be made on oath unless —
(a) the
application is made by remote communication; and
(b) it
is not practicable for the justice to administer an oath to the applicant,
in which
case —
(c) it
may be made in an unsworn form; and
(d) if
the justice issues an entry warrant, the applicant must as soon as is
practicable send the justice an affidavit verifying the application and any
information given in support of it.
(6) If on an
application made by remote communication a justice issues an entry warrant,
the justice must if practicable send a copy of the original warrant to the
applicant by remote communication, but otherwise —
(a) the
justice must send the applicant by remote communication any information that
must be set out in the warrant; and
(b) the
applicant must complete a form of warrant with the information received and
give the justice a copy of the form as soon as is practicable after doing so;
and
(c) the
justice must attach the copy of the form to the original warrant and any
affidavit received from the applicant and make them available for collection
by the applicant.
(7) The copy of the
original warrant sent, or the form of the warrant completed, as the case may
be, under subsection (6) has the same force and effect as the original
warrant.
(8) If an applicant
contravenes subsection (5)(d) or (6)(b), any evidence obtained under
the entry warrant is not admissible in proceedings in a court.