Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 241M

241M .         Issue and content of entry warrant

        (1)         On an application for an entry warrant, a magistrate may issue the warrant if satisfied that it is necessary for an authorised officer or industrial inspector to enter a place for an authorised purpose.

        (2)         An entry warrant must contain the following information —

            (a)         a reasonably particular description of the place to which it relates;

            (b)         a reasonably particular description of the authorised purpose for which entry to the place is required;

            (c)         if the authorised purpose is investigating a suspected offence under this Act — the provision of the Act suspected of being contravened;

            (d)         the period, not exceeding 14 days, during which it may be executed;

            (e)         the name of the magistrate who issued it;

            (f)         the date and time when it was issued.

        (3)         An entry warrant must be in the form prescribed by the regulations.

        (4)         If a magistrate issues an entry warrant on an application made by remote communication —

            (a)         if it is practicable to send a copy of the original warrant to the applicant by remote communication, the magistrate must do so; or

            (b)         if that is not practicable —

                  (i)         the magistrate must provide the applicant by remote communication with the information that must be set out in the warrant; and

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

                  (iii)         the magistrate 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.

        (5)         The copy of the original warrant sent, or the form of the warrant completed, under subsection (4) has the same force and effect as the original warrant.

        [Section 241M inserted: No. 18 of 2021 s. 72.]



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback