Western Australian Current Acts

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28 .         Warrant may be obtained remotely

        (1)         An application for a warrant under section 27 may be initially submitted by telephone, fax, radio or another form of communication if the applicant considers it necessary because of urgent circumstances or the applicant’s remote location.

        (2)         Before submitting an application under this section, the applicant is to prepare a written application setting out the grounds for seeking the warrant and describing the place to which the warrant relates.

        (3)         If an application is submitted under this section, the information in the written application required by subsection (2) is to be verified by affidavit and, if it is necessary to do so, the application may be submitted before the affidavit has been sworn.

        (4)         When issuing a warrant upon an application submitted under this section, the justice is to —

            (a)         complete and sign the warrant; and

            (b)         inform the applicant of the terms of the warrant and the date on which and the time at which it was signed; and

            (c)         record on the warrant the reasons for issuing the warrant; and

            (d)         send a copy of the warrant to the applicant.

        (5)         If a warrant is issued upon an application submitted under this section, the applicant may complete a form of warrant in the terms indicated by the justice under subsection (4)(b) if the applicant writes on it the name of the justice who issued the warrant and the date on which, and the time at which, it was signed.

        (6)         If the applicant completes a form of warrant in accordance with subsection (5), the applicant is to send to the justice who signed the warrant, not later than the day next following the day on which the warrant ceases to have effect, the form of warrant completed by the person and the affidavit sworn in connection with the warrant.

        (7)         On receiving the documents referred to in subsection (6), the justice is to attach them to the warrant signed by the justice and deal with the documents in the manner in which the justice would have dealt with the affidavit if the application for the warrant had not been submitted under this section.

        (8)         A form of warrant completed in accordance with subsection (5) is to be regarded as the warrant itself.

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