Queensland Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
PUBLIC HEALTH (INFECTION CONTROL FOR PERSONAL APPEARANCE SERVICES) ACT 2003 - SECT 83
Special warrants
(1) An authorised person may apply for a warrant (a
"special warrant" ) by phone, fax, radio or another form of communication if
the authorised person considers it necessary because of— (a) urgent
circumstances; or
(b) other special circumstances, including, for example,
the authorised person’s remote location.
(2) Before applying for the
special warrant, the authorised person must prepare an application stating the
grounds on which the warrant is sought.
(3) The authorised person may apply
for the special warrant before the application is sworn.
(4) After issuing
the special warrant, the magistrate must immediately fax a copy (
"facsimile warrant" ) to the authorised person if it is reasonably practicable
to fax the copy.
(5) If it is not reasonably practicable to fax a copy to the
authorised person— (a) the magistrate must tell the authorised person— (i)
what the terms of the warrant are; and
(ii) the date and time the warrant is
issued; and
(b) the authorised person 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 person, authorises the entry and the
exercise of the other powers stated in the warrant issued.
(7) The authorised
person must, at the first reasonable opportunity, send to the magistrate—
(a) the sworn application; and
(b) if the authorised person 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.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback