(1) An authorised
officer or industrial inspector may apply to a magistrate for a warrant (an
entry warrant ) authorising the entry of a place for an authorised purpose.
(2) Subject to this
section —
(a) an
application for an entry warrant must be in writing and include the
information prescribed by the regulations; and
(b) the
grounds of the application must be verified by affidavit; and
(c) the
applicant must appear in person before the magistrate to provide information
in support of the application on oath.
(3) If the warrant is
needed urgently and the applicant reasonably suspects that a magistrate is not
available within a reasonable distance of the applicant, an application for an
entry warrant may be made by remote communication.
(4) A magistrate must
reject an application for an entry warrant made by remote communication unless
satisfied that —
(a) the
warrant is needed urgently; and
(b) a
magistrate is not available within a reasonable distance of the applicant.
(5) If an application
for an entry warrant is made by remote communication and it is not practicable
to send the magistrate written material —
(a) the
application may be made orally; and
(b) the
magistrate must make a written record of the application and information given
in support of it; and
(c) if
the warrant is issued — the applicant must, as soon as practicable, send
the magistrate an affidavit verifying the application and information given in
support of it.
[Section 241L inserted: No. 18 of 2021 s. 72.]