Queensland Consolidated Acts

CITY OF BRISBANE ACT 2010 - SECT 120

120 Warrants—applications made electronically

(1) An authorised person may make an electronic application for a warrant if the authorised person considers it necessary because of—

(a) urgent circumstances; or

(b) special circumstances (including the authorised person’s remote location, for example).

(2) An
"electronic application" is an application made by phone, fax, radio, email, videoconferencing or another form of electronic communication.

(3) The authorised person must prepare an application for the warrant that states the grounds on which the warrant is sought, before applying for the warrant.

(4) However, the authorised person may apply for the warrant before the application is sworn.

(5) The magistrate may issue the warrant only if the magistrate is satisfied that—

(a) it was necessary to make the application electronically; and

(b) the way that the application was made was appropriate in the circumstances.

(6) If the magistrate issues the warrant, and it is reasonably practicable to send a copy of the warrant to the authorised person (by fax or email, for example), the magistrate must immediately do so.

(7) If it is not reasonably practicable to send a copy of the warrant to the authorised person—

(a) the magistrate must—

(i) inform the authorised person of the date and time when the magistrate signed the warrant; and

(ii) inform the authorised person of the terms of the warrant; and

(b) the authorised person must write on a warrant form—

(i) the magistrate’s name; and

(ii) the date and time when the magistrate signed the warrant; and

(iii) the terms of the warrant.

(8) The copy of the warrant sent to the authorised person, or the warrant form properly completed by the authorised person, authorises the authorised person to enter the property, and to exercise the powers, mentioned in the warrant that was signed by the magistrate.

(9) The authorised person must, at the first reasonable opportunity, send the magistrate—

(a) the sworn application; and

(b) if the authorised person completed a warrant form—the completed warrant form.

(10) When the magistrate receives those documents, the magistrate must attach them to the warrant that was signed by the magistrate, and give the warrant to the clerk of the court.

(11) Unless the contrary is proven, a court must presume that a power exercised by an authorised person was not authorised by a warrant issued under this section if—

(a) a question arises, in any proceedings before the court, whether the exercise of power was authorised by a warrant; and

(b) the warrant is not produced in evidence.