Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 29

29 Warrants—applications made other than in person

(1) An authorised officer may apply for a warrant by phone, fax, radio or another form of communication if the officer considers it necessary because of—

(a) urgent circumstances; or

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

(2) Before applying for the warrant, the officer must prepare an application stating the grounds on which the warrant is sought.

(3) The officer may apply for the warrant before the application is sworn.

(4) After issuing the warrant, the magistrate must immediately fax a copy to the officer if it is reasonably practicable to fax a copy.

(5) If it is not reasonably practicable to fax a copy to the officer—

(a) the magistrate must—

(i) tell the officer what the terms of the warrant are; and

(ii) tell the officer the date and time the warrant was issued; and

(b) the officer must complete a form of warrant (
"warrant form" ) and write on it—

(i) the magistrate’s name; and

(ii) the date and time the magistrate issued the warrant; and

(iii) the warrant’s terms.

(6) The facsimile warrant, or the warrant form properly completed by the officer, authorises the entry and the exercise of the other powers stated in the warrant issued by the magistrate.

(7) The officer must, at the first reasonable opportunity, send the magistrate—

(a) the sworn application; and

(b) if the officer completed a warrant form—the completed warrant form.

(8) On receiving the documents, the magistrate must attach them to the warrant.

(9) Subsection (10) applies to a court if—

(a) a question arises, in a proceeding in or before the court, whether a power exercised by an authorised officer was not authorised by a warrant issued under this section; and

(b) the warrant is not produced in evidence.

(10) The court must presume that the exercise of the power was not authorised by a warrant issued under this section, unless the contrary is proved.