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TRANSPORT SAFETY INVESTIGATION ACT 2003 No. 18, 2003 - SECT 41

Investigation warrants by telephone, fax etc.

Application for warrant

(1)
If, in an urgent case, the Executive Director considers it necessary to do so, the Executive Director may apply to a magistrate by telephone, fax or other electronic means for a warrant under section 40 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 warrant, the Executive Director must prepare an information of the kind mentioned in subsection 40(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 Executive Director may apply for the warrant before the information is sworn.

Issue of 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 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 40 if the application had been made under that section.

Obligations of magistrate and Executive Director once warrant issued

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

(a)
the magistrate must:

(i)
tell the Executive Director what the terms of the warrant are; and
(ii)
tell the Executive Director the day on which and the time at which the warrant was signed; and
(iii)
tell the Executive Director 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 Executive Director 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 Executive Director 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 Executive Director; 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 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 40.

Authority of warrant

(9)
A form of warrant duly completed under subsection (6) is authority for the same powers as are authorised by the warrant signed by the magistrate.

(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 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.


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