Australian Capital Territory Numbered Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 (NO. 19 OF 2008) - SECT 688

    (1)     The chief executive or a police officer may apply for a warrant by phone, fax, radio or other form of communication if the chief executive or police officer considers it necessary because of urgent circumstances.

    (2)     Before applying for the warrant, the chief executive or police officer must prepare an application stating the grounds on which the warrant is sought.

    (3)     The chief executive or police officer may apply for the warrant before the application is sworn.

    (4)     After issuing the warrant, the magistrate must immediately fax a copy to the chief executive or police officer if it is practicable to do so.

    (5)     If it is not practicable to fax a copy to the chief executive or police officer—

        (a)     the magistrate must tell the chief executive or police officer—

              (i)     the terms of the warrant; and

              (ii)     the date and time the warrant was issued; and

        (b)     the chief executive or police officer must complete a form of warrant (the "warrant form") and write on it—

              (i)     the magistrate's name; and

              (ii)     the date and time the magistrate issued the warrant; and

              (iii)     the warrant's terms.

    (6)     The faxed copy of the warrant, or the warrant form properly completed by the chief executive or police officer, authorises the entry and the exercise of the chief executive or police officer's powers under this part.

    (7)     The chief executive or police officer must, at the first reasonable opportunity, send to the magistrate—

        (a)     the sworn application; and

        (b)     if the chief executive or police officer completed a warrant form—the completed warrant form.

    (8)     On receiving the documents, the magistrate must attach them to the warrant.

    (9)     A court must find that a power exercised by the chief executive or police officer was not authorised by a warrant under this section if—

        (a)     the question arises in a proceeding in the court whether the exercise of power was authorised by a warrant; and

        (b)     the warrant is not produced in evidence; and

        (c)     it is not proved that the exercise of power was authorised by a warrant under this section.