Queensland Consolidated Acts

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 800

800 Obtaining warrants, orders and authorities, etc., by telephone or similar facility

(1) This section applies if under this Act, a police officer or law enforcement officer may obtain a warrant, approval, production notice, production order, an order under section 85 (6) , 85A (6) , 86 (5) , 90 (6) , 90A (6) , 91 (6) , a noise abatement order or another authority (a
"prescribed authority" ).

(2) A police officer or law enforcement officer may apply for a prescribed authority by phone, fax, radio, email or another similar facility if the police officer or law enforcement officer considers it necessary because of—

(a) urgent circumstances; or

(b) other special circumstances, including, for example, the police officer’s or law enforcement officer’s remote location.

(3) Before applying for the prescribed authority, the police officer or law enforcement officer must prepare an application stating the grounds on which the prescribed authority is sought.

(4) If, apart from this section, the application is required to be sworn, the police officer or law enforcement officer may apply for the prescribed authority before the application is sworn.

(5) If transmission by fax is available, the person applying must transmit a copy of the application to the person who is to decide the application.

(6) Subsection (1) applies to a forensic procedure order only if the person to whom the application for the order relates is not entitled to be given notice of the application under section 460 (2) or the person is dead.