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ABORIGINAL CULTURAL HERITAGE ACT 2003 - SECT 132
Special warrants
(1) An authorised officer may apply for a warrant (a
"special warrant" ) by phone, fax, radio or another form of communication if
the authorised officer considers it necessary because of— (a) urgent
circumstances; or
(b) other special circumstances, including, for example,
the authorised officer’s remote location.
(2) Before applying for the
special warrant, the authorised officer must prepare an application stating
the grounds on which the warrant is sought.
(3) The authorised officer may
apply for the special warrant before the application is sworn.
(4) After
issuing the special warrant, the magistrate must immediately fax a copy (the
"facsimile warrant" ) to the authorised officer if it is reasonably
practicable to fax the copy.
(5) If it is not reasonably practicable to fax a
copy to the authorised officer— (a) the magistrate must tell the authorised
officer— (i) what the terms of the special warrant are; and
(ii) the date
and time the special warrant was issued; and
(b) the authorised officer must
complete a form of warrant (a
"warrant form" ) and write on it— (i) the magistrate’s name; and
(ii) the
date and time the magistrate issued the special warrant; and
(iii) the terms
of the special warrant.
(6) The facsimile warrant, or the warrant form
properly completed by the authorised officer, authorises the entry and the
exercise of the other powers stated in the special warrant issued.
(7) The
authorised officer must, at the first reasonable opportunity, send to the
magistrate— (a) the sworn application; and
(b) if the authorised officer
completed a warrant form—the completed warrant form.
(8) On receiving the
documents, the magistrate must attach them to the special warrant.
(9) If—
(a) an issue arises in a proceeding about whether an exercise of a power was
authorised by a special warrant; and
(b) the warrant 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 special warrant authorised the exercise of
the power.
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