Western Australian Numbered Acts Western Australian Numbered Acts (1) In this
section —
“judicial officer” means a JP or a
magistrate, as the case requires.
(2) A reference in
this section to making an application includes a reference to giving
information in support of the application.
(3) This section
applies to and in respect of an application to a judicial officer for a
warrant or order if another section of this Act requires the application to be
made under this section.
(4) The application
must be made in person before the judicial officer unless —
(a) the
warrant or order is needed urgently; and
(b) the
applicant reasonably suspects that a judicial officer is not available within
a reasonable distance of the applicant,
in which
case —
(c) it
may be made to a judicial officer by remote communication; and
(d) the
judicial officer must not grant it unless satisfied about the matters in
paragraphs (a) and (b).
(5) The application
must be made in writing unless —
(a) the
application is made by remote communication; and
(b) it
is not practicable to send the judicial officer written material,
in which
case —
(c) it
may be made orally; and
(d) the
judicial officer must make a written record of the application and any
information given in support of it.
(6) The application
must be made on oath unless —
(a) the
application is made by remote communication; and
(b) it
is not practicable for the judicial officer to administer an oath to the
applicant,
in which
case —
(c) it
may be made in an unsworn form; and
(d) if
the judicial officer issues a warrant or order, the applicant must as soon as
practicable send the judicial officer an affidavit verifying the application
and any information given in support of it.
(7) If on an
application made by remote communication a judicial officer issues a warrant
or order, the judicial officer must, if practicable, send a copy of the
original warrant or order to the applicant by remote communication, but
otherwise —
(a) the
judicial officer must give the applicant by remote communication any
information that must be set out in the warrant or order;
(b) the
applicant must complete a form of a warrant or order with the information
received and give the judicial officer a copy of the form as soon as
practicable after doing so; and
(c) the
judicial officer must attach the copy of the form to the original warrant or
order and any affidavit received from the applicant and make them available
for collection by the applicant.
(8) The copy of the
original warrant or order sent, or the form of the warrant or order completed,
as the case may be, under subsection (7) has the same force and effect as
the original warrant or order.