Queensland Consolidated Acts
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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 442
Warrants—applications made other than in person
442 Warrants—applications made other than in person
(1) An authorised person may apply for a warrant by phone, fax, radio or
another form of communication if the authorised person considers it necessary
because of urgent circumstances or other special circumstances, including, for
example, the authorised person’s remote location.
(2) Before applying for
the 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 warrant before the application is sworn.
(4) After issuing a warrant,
the magistrate must immediately fax a copy (the
"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 of the
warrant to the authorised person—
(a) the magistrate must—
(i) record on
the warrant the reasons for issuing the warrant; and
(ii) tell the authorised
person the date and time the warrant was signed; and
(iii) tell the
authorised person the warrant’s terms; and
(b) the authorised person must
write on a form of warrant (the
"warrant form" )—
(i) the magistrate’s name; and
(ii) the date and time
the magistrate signed the warrant; and
(iii) the warrant’s terms.
facsimile warrant, or the warrant form properly completed by the authorised
person, authorises the entry and the exercise of the other powers mentioned in
the warrant issued by the magistrate.
(7) The authorised person must, at the
first reasonable opportunity, send to the magistrate—
(a) the sworn
(b) if a warrant form was completed by the authorised
person—the completed warrant form.
(8) On receiving the documents, the
magistrate must attach them to the warrant.
(9) Unless the contrary is
proved, a court must presume a power exercised by an authorised person was not
authorised by a warrant issued under this section if—
(a) a question arises,
in a proceeding before the court, whether the exercise of power was authorised
by a warrant; and
(b) the warrant is not produced in evidence.
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