Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 105H

105H Additional procedure if electronic application

(1) For an application made under section 105G , the magistrate may issue the warrant (the
"original warrant" ) only if the magistrate is satisfied—

(a) it was necessary to make the application under section 105G ; and

(b) the way the application was made under section 105G was appropriate.

(2) After the magistrate issues the original warrant—

(a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the investigator, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the investigator; or

(b) otherwise—

(i) the magistrate must tell the investigator the information mentioned in section 105F (2) ; and

(ii) the investigator must complete a form of warrant, including by writing on it the information mentioned in section 105F (2) provided by the magistrate.

(3) The copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the
"duplicate warrant" ), is a duplicate of, and as effectual as, the original warrant.

(4) The investigator must, at the first reasonable opportunity, send to the magistrate—

(a) the written application complying with section 105E (2) and (3) ; and

(b) if the investigator completed a form of warrant under subsection (2) (b) , the completed form of warrant.

(5) The magistrate must keep the original warrant and, on receiving the documents under subsection (4) —

(a) attach the documents to the original warrant; and

(b) give the original warrant and documents to the clerk of the court of the relevant magistrates court.

(6) Despite subsection (3) , if—

(a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and

(b) the original 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 warrant authorised the exercise of the power.

(7) This section does not limit section 105E .

(8) In this section—

"relevant magistrates court" , in relation to a magistrate, means the court that the magistrate constitutes under the Magistrates Act 1991 .