Western Australian Current Acts

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ANIMAL WELFARE ACT 2002 - SECT 62

62 .         Urgent warrants

        (1)         If an inspector requires a warrant urgently, or a justice is not available within a reasonable distance of the inspector, the inspector may apply to a justice by telephone, fax, radio, video conference, electronic mail or another similar method or any combination of those methods as the justice thinks fit.

        (2)         Before applying for a warrant under subsection (1), the inspector must prepare an application (without the evidence on oath) setting out the grounds on which the warrant is sought.

        (3)         A justice who issues a warrant on an application under subsection (1) must —

            (a)         if it is reasonably practicable to do so, send a copy to the inspector by fax or another expedient method (including electronically if that allows the inspector to produce a written copy of the warrant); or

            (b)         otherwise, inform the inspector of the terms of the warrant, including the dates and times when it was issued and will cease to have effect.

        (4)         An inspector who is informed of the terms of a warrant under subsection (3)(b) must write those terms on a prescribed form of warrant and add the name of the justice.

        (5)         A copy of a warrant sent under subsection (3)(a), or a form of warrant completed in accordance with subsection (4), has effect as a warrant issued by the justice.

        (6)         As soon as practicable after applying for a warrant under subsection (1) the inspector must send the evidence on oath in support of the application to the justice.

        [Section 62 amended: No. 84 of 2004 s. 80.]



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