Western Australian Current Acts

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PUBLIC HEALTH ACT 2016 - SECT 247

247 .         How application made

        (1)         A reference in this section to making an application includes a reference to giving information in support of the application.

        (2)         An application under section 246 must be made by the authorised officer in person unless —

            (a)         the warrant is needed urgently; and

            (b)         the applicant reasonably believes that a judicial officer is not available within a reasonable distance of the applicant.

        (3)         If subsection (2)(a) and (b) apply —

            (a)         the application may be made to a judicial officer by remote communication; and

            (b)         the judicial officer may grant the application only if satisfied about the matters in subsection (2)(a) and (b).

        (4)         An application under section 246 must be made in writing unless —

            (a)         the application is made by remote communication; and

            (b)         it is not practicable to send the judicial officer written material.

        (5)         If subsection (4)(a) and (b) apply —

            (a)         the application may be made orally; and

            (b)         the judicial officer must make a written record of the application and any information given in support of it.

        (6)         An application under section 246 must be made on oath unless —

            (a)         the application is made by remote communication; and

            (b)         it is not practicable for the judicial officer to administer an oath to the applicant.

        (7)         If subsection (6)(a) and (b) apply —

            (a)         the application may be made in an unsworn form; and

            (b)         if the judicial officer issues a warrant, the applicant is as soon as is practicable to send the judicial officer an affidavit verifying the application and any information given in support of it.



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