Western Australian Current Acts Western Australian Current Acts (1) If an authorised
officer is satisfied that it is necessary to do so to enforce a test order,
the authorised officer may apply to a magistrate —
(a) for
a warrant for the apprehension of the person to be tested under the order; or
(b) if
the person named in the order is a deceased person, for a warrant authorising
entry to the place where the deceased person’s body is reasonably
believed to be.
(2) The application
—
(a) must
be made in accordance with sections 247 and 248, and those sections apply with
all necessary changes; and
(b) must
be determined in private.
(3) If the magistrate
is satisfied that there are reasonable grounds for the application to have
been made under subsection (1), the magistrate must issue a warrant
accordingly.
(4) The magistrate
must cause a record to be made (on the warrant or otherwise) of the matters of
fact on which the magistrate has relied to justify the issue of the warrant.
(5) The warrant
authorises the person specified in the warrant (and any police officer
accompanying that person under section 108(1)(a)) —
(a) to
enter, at any time, any place where the person (or as the case requires, the
body of the deceased person) to be tested under the test order is reasonably
believed to be, using any force that is reasonably necessary to do so; and
(b) to
search the place for the purpose of finding the person or the person’s
body, as the case requires; and
(c) if
the person named in the order is not a deceased person, to apprehend the
person and —
(i)
to detain the person for as long as is reasonably
necessary to enable the test order to be carried out; and
(ii)
if necessary, to take that person to the place where the
test order is to be carried out;
and
(d) if
the person named in the order is a deceased person, to take possession of the
body of the person and (if necessary) take it to a place to enable the test
order to be carried out.