Western Australian Current Acts

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CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 241L

241L .         Application for entry warrant

        (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.]



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