Queensland Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


Additional procedure for electronic application

193 Additional procedure for electronic application

(1) If the magistrate receives an electronic application, the magistrate may issue the warrant (the
"original warrant" ) only if satisfied—
(a) it was necessary in the circumstances for the application to be made as an electronic application; and
(b) the electronic application was made as required under section 192(2).
(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 inspector (by emailing or faxing the copy, for example), the magistrate must immediately give a copy of the warrant (a
"duplicate warrant" ) to the inspector; or
(b) otherwise—
(i) the magistrate must tell the inspector the information stated in section 191(2); and
(ii) the inspector must complete a form of warrant (also a
"duplicate warrant" ), including by writing on the form the information stated in section 191(2) provided by the magistrate.
(3) The duplicate warrant is a duplicate of, and as effective as, the original warrant.
(4) The inspector must, at the first reasonable opportunity, send to the magistrate—
(a) the written application complying with section 190(2) and (3); and
(b) if the inspector 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 a warrant issued under this section authorised an exercise of a power; 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 190.
(8) In this section—

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

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback