Western Australian Current Acts

BIOSECURITY AND AGRICULTURE MANAGEMENT ACT 2007 - SECT 69

69 .         Applications, how they are to be made

        (1)         In this section —

        application means an application for an entry warrant;

        remote communication means any way of communicating at a distance including by telephone, fax, email and radio.

        (2)         A reference in this section to making an application includes a reference to giving information in support of the application.

        (3)         An application must be made in person before a justice unless —

            (a)         the warrant is needed urgently; and

            (b)         the applicant reasonably suspects that a justice is not available within a reasonable distance of the applicant,

                in which case —

            (c)         it may be made to the justice by remote communication; and

            (d)         the justice must not grant it unless satisfied about the matters in paragraphs (a) and (b).

        (4)         An application must be made in writing unless —

            (a)         the application is made by remote communication; and

            (b)         it is not practicable to send the justice written material,

                in which case —

            (c)         it may be made orally; and

            (d)         the justice must make a written record of the application and any information given in support of it.

        (5)         An application must be made on oath unless —

            (a)         the application is made by remote communication; and

            (b)         it is not practicable for the justice to administer an oath to the applicant,

                in which case —

            (c)         it may be made in an unsworn form; and

            (d)         if the justice issues an entry warrant, the applicant must as soon as is practicable send the justice an affidavit verifying the application and any information given in support of it.

        (6)         If on an application made by remote communication a justice issues an entry warrant, the justice must if practicable send a copy of the original warrant to the applicant by remote communication, but otherwise —

            (a)         the justice must send the applicant by remote communication any information that must be set out in the warrant; and

            (b)         the applicant must complete a form of warrant with the information received and give the justice a copy of the form as soon as is practicable after doing so; and

            (c)         the justice must attach the copy of the form to the original warrant and any affidavit received from the applicant and make them available for collection by the applicant.

        (7)         The copy of the original warrant sent, or the form of the warrant completed, as the case may be, under subsection (6) has the same force and effect as the original warrant.

        (8)         If an applicant contravenes subsection (5)(d) or (6)(b), any evidence obtained under the entry warrant is not admissible in proceedings in a court.