Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts68. (1) If—
(a) the President or a judicial officer is satisfied that—
(i) a guardian has been appointed for a person; or
(ii) grounds exist for the appointment of a guardian for a person; and
(b) the person is—
(i) because of a physical, mental, psychological or intellectual condition, likely to suffer serious damage to his or her physical, mental or emotional health if not removed from a particular place; or
(ii) being unlawfully detained in a particular place;
the President or judicial officer may, on application by the Community Advocate, issue a warrant authorising the Community Advocate, with such police officers as may be required, and using such force as is necessary and reasonable, to enter that place and remove that person.
(2) A warrant shall specify—
(a) the purpose for which it is issued;
(b) the person whose removal it authorises;
(c) the place from which that removal is authorised;
(d) particular hours during which the removal is authorised or that removal is authorised at any time of the day or night; and
(e) the date on which it ceases to have effect, being a date no later than 14 days after the issue of the warrant.
(3) Subject to subsection (5), the application shall be in writing accompanied by a statement setting out the information in support of the application.
(4) All information, whether oral or in writing, given in support of the application shall be given on oath or affirmation.
(5) If it is impracticable to apply in accordance with subsection (3), an application may be made by telephone or other appropriate means.
(6) Where subsection (5) applies—
(a) the President or the judicial officer shall prepare and sign the warrant and tell the Community Advocate its terms;
(b) the Community Advocate shall prepare an instrument in the same terms as the warrant and write on it—
(i) the time at which and the date on which the warrant was signed; and
(ii) the name of the person who signed the warrant;
(c) the Community Advocate shall give the person who signed the warrant, not later than 24 hours after it was signed, the statement mentioned in subsection (3) and the instrument mentioned in paragraph (b);
(d) while the warrant remains in force, the instrument may be used instead of the warrant; and
(e) a court shall not find that the premises were entered in accordance with the warrant unless the warrant signed by the President or judicial officer is admitted in evidence.
(7) As soon as practicable after the person is removed, the Tribunal shall hold an inquiry and if there is no guardian available the Community Advocate shall apply to be appointed as the person's guardian.