Commonwealth Consolidated Acts

FUEL QUALITY STANDARDS ACT 2000 - SECT 61

Application for an enforcement warrant

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

  (2)   The magistrate may require communication by voice to the extent that it is practicable in the circumstances.

  (3)   Before applying for the enforcement warrant, the inspector must prepare an information of the kind mentioned in subsection   60(2) in relation to the premises that sets out the grounds on which the warrant is sought.

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

Issue of an enforcement warrant

  (5)   If the magistrate is satisfied:

  (a)   after having considered the terms of the information; and

  (b)   after having received such further information (if any) as the magistrate requires concerning the grounds on which the issue of the enforcement warrant is being sought;

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   60 if the application had been made under that section.

Obligations of magistrate and inspector once an enforcement warrant issued

  (6)   If the magistrate completes and signs the enforcement warrant:

  (a)   the magistrate must:

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

  (ii)   tell the inspector the day on which and the time at which the warrant was signed; and

  (iii)   tell the inspector the day (not more than one week after the magistrate completes and signs the warrant) on which the warrant ceases to have effect; and

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

  (b)   the 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 the name of the magistrate and the day on which and the time at which the warrant was signed.

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

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

  (b)   the information referred to in subsection   (3), which must have been duly sworn.

  (8)   When the magistrate receives those documents, the magistrate must:

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

  (b)   deal with them in the way in which the magistrate would have dealt with the information if the application had been made under section   60.

Authority of an enforcement warrant

  (9)   A form of enforcement warrant duly completed under subsection   (6) is authority for any entry, search, seizure or other exercise of a power that the warrant signed by the magistrate authorises.

  (10)   If:

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

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

the court must assume, unless the contrary is proved, that the exercise of the power was not authorised by such a warrant.