Australian Capital Territory Repealed Acts

This legislation has been repealed.

WATER EFFICIENCY LABELLING AND STANDARDS ACT 2005 (REPEALED) - SECT 59

    (1)     If, in an urgent case, a WELS inspector considers it necessary to do so, the WELS inspector may apply to a magistrate by telephone, fax or other electronic means for a warrant under section 58 for WELS premises.

    (2)     The magistrate may—

        (a)     require communication by voice to the extent that it is practicable in the circumstances; and

        (b)     make a recording of all or any part of the communication.

    (3)     Before applying for the warrant, the WELS inspector must prepare an affidavit in relation to the premises stating the grounds on which the warrant is sought.

    (4)     If it is necessary to do so, the WELS inspector may apply for the warrant before the affidavit is sworn.

    (5)     If the magistrate is satisfied that there are reasonable grounds for issuing the warrant, the magistrate may complete and sign the same warrant that the magistrate would issue under section 58 if the application had been made under that section.

    (6)     The magistrate may be satisfied that there are reasonable grounds for issuing the warrant only after—

        (a)     having considered the terms of the affidavit; and

        (b)     having received the further information (if any) that the magistrate requires about the grounds on which the issue of the warrant is being sought.

    (7)     If the magistrate completes and signs the warrant—

        (a)     the magistrate must—

              (i)     tell the WELS inspector what the terms of the warrant are; and

              (ii)     tell the WELS inspector the date and the time the warrant was signed; and

              (iii)     tell the WELS inspector the day (not later than 1 week after the day the magistrate completes and signs the warrant) when the warrant ceases to have effect; and

              (iv)     record on the warrant the reasons for issuing the warrant; and

        (b)     the WELS inspector must—

              (i)     complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and

              (ii)     write on the form of warrant the name of the magistrate and the date and time the warrant was signed.

    (8)     The WELS inspector must also, not later than the day after the day of expiry or execution of the warrant, whichever is the earlier, send to the magistrate—

        (a)     the form of warrant completed by the WELS inspector; and

        (b)     the affidavit mentioned in subsection (3), which must have been properly sworn.

    (9)     When the magistrate receives the documents, the magistrate must—

        (a)     attach them to the warrant that the magistrate completed and signed; and

        (b)     deal with them as the magistrate would have dealt with the affidavit if the application had been made under section 58.

    (10)     A form of warrant completed under subsection (7) is authority for the same powers that are authorised by the warrant signed by the magistrate.

    (11)     If—

        (a)     it is material, in a proceeding, for a court to be satisfied that an exercise of a power was authorised by this section; and

        (b)     the warrant signed by the magistrate authorising the exercise of the power is not produced in evidence;

the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.

Note     This section differs from the Commonwealth Act

, s 59.