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PUBLIC HEALTH (MEDICINAL CANNABIS) ACT 2016 - SECT 120
Additional procedure if electronic application
120 Additional procedure if electronic application
(1) For an application made under section , 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 ; and
(b) the way the
application was made under section 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 authorised person, including,
for example, by sending a copy by fax or email, the magistrate must
immediately give a copy of the warrant to the authorised person; or
(b)
otherwise— (i) the magistrate must tell the authorised person the
information mentioned in section (2); and
(ii) the authorised person must
complete a form of warrant, including by writing on it the information
mentioned in section (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 authorised person must, at the first reasonable
opportunity, send to the magistrate— (a) the written application complying
with section (2) and (3); and
(b) if the authorised person 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 .
(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 .
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