South Australian Numbered Acts

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WATER INDUSTRY ACT 2012 (NO 9 OF 2012) - SECT 110

110—Urgent situations

        (1)         An authorised officer or a water industry officer may apply to a magistrate for a warrant by telephone, fax or other prescribed means if the officer considers the urgency of the situation requires it.

        (2)         The magistrate may complete and sign the warrant in the same terms as for a warrant applied for in person if satisfied that there are reasonable grounds for issuing the warrant urgently.

        (3)         The magistrate must—

            (a)         tell the officer—

                  (i)         the terms of the warrant; and

                  (ii)         the date on which, and the time at which, the warrant was signed; and

                  (iii)         the date on which, and the time at which, the warrant ceases to have effect; and

            (b)         record on the warrant the reasons for granting the warrant.

        (4)         The officer must—

            (a)         complete a form of warrant in the same terms as the warrant signed by the magistrate; and

            (b)         write on the form—

                  (i)         the name of the magistrate; and

                  (ii)         the date on which, and the time at which, the warrant was signed; and

            (c)         send the magistrate the completed form of warrant not later than the day after the warrant is executed or ceases to have effect.

        (5)         On receipt of the form of warrant, the magistrate must attach it to the warrant the magistrate signed.

        (6)         A form of warrant completed by an authorised officer or a water industry officer under subsection (4) has the same force as a warrant signed by the magistrate under subsection (2).

        (7)         A water industry officer may make an application under this section on behalf of a water industry entity.



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