South Australian Current Regulations

ROAD TRAFFIC (MISCELLANEOUS) REGULATIONS 2014 - REG 10

10—Warrants (section 41B of Act)

        (1)         An application for a warrant under section 41B of the Act may be made by facsimile.

        (2)         An application for a warrant made personally or by facsimile must be in a form approved by the Chief Magistrate.

        (3)         An application for a warrant may be made by telephone or facsimile only if, in the opinion of the applicant, the warrant is urgently required and there is not enough time to lodge a written application and appear before a magistrate.

        (4)         If an application for a warrant is made by telephone, the following provisions apply:

            (a)         the applicant must inform the magistrate of the applicant's name and identify himself or herself as an authorised officer and the magistrate, on receiving that information, is entitled to assume its accuracy without further inquiry;

            (b)         the applicant must inform the magistrate of the purpose for which the warrant is required and the grounds on which it is sought;

            (c)         the magistrate may, on being satisfied as to the grounds for the issue of the warrant, inform the applicant of the facts on which the magistrate relies as grounds for the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts;

            (d)         the magistrate must inform the applicant of the terms of the warrant;

            (e)         the applicant must fill out and sign a warrant form (the "duplicate warrant") that specifies—

                  (i)         the name of the magistrate issuing the warrant; and

                  (ii)         the person authorised to exercise the powers conferred by the warrant; and

                  (iii)         the period for which the warrant will be in force;

            (f)         the applicant must, as soon as practicable after the issue of the warrant, forward to the magistrate an affidavit verifying the facts referred to in paragraph (c) and a copy of the duplicate warrant.

        (5)         If an application for the issue of a warrant is made by facsimile, the following provisions apply:

            (a)         the applicant must be available to speak to the magistrate by telephone;

            (b)         the magistrate is entitled to assume, without further inquiry, that a person who identifies himself or herself as the applicant acting in the capacity of an authorised officer during a telephone conversation with the magistrate is indeed the applicant acting in that capacity;

            (c)         the magistrate must forward the warrant to the applicant by facsimile transmission.