Western Australian Current Acts

WORK HEALTH AND SAFETY ACT 2020 - SECT 167A

167A .         Use of remote communication

        (1)         An inspector may apply to a JP for an entry warrant using remote communication if the inspector reasonably considers it necessary to do so because of —

            (a)         urgent circumstances; or

            (b)         other special circumstances.

        Note for this subsection:

                For the purposes of paragraph (b), an example of special circumstances is the inspector’s remote location.

        (2)         The application —

            (a)         cannot be made before the inspector prepares the written application complying with section 167(3); but

            (b)         may be made before the oath is administered for the application.

        (3)         The JP may issue the entry warrant (the original warrant ) only if the JP is satisfied that —

            (a)         it was necessary for the application to be made under this section; and

            (b)         the way the application was made was appropriate.

        (4)         After the JP issues the original warrant —

            (a)         the JP must immediately give a copy of the original warrant to the inspector using remote communication if that is reasonably practicable to do; or

            (b)         otherwise —

                  (i)         the JP must tell the inspector the information referred to in section 167(5); and

                  (ii)         the inspector must complete a form of warrant, including by writing on it the information referred to in section 167(5).

        (5)         The copy of the original warrant referred to in subsection (4)(a), or the form of warrant completed under subsection (4)(b), is a duplicate of, and has the same force and effect as, the original warrant.

        (6)         The inspector must, as soon as is reasonably practicable, send to the JP —

            (a)         the written application complying with section 167(3) (with the oath administered); and

            (b)         if the inspector completed a form of warrant under subsection (4)(b) — the completed form of warrant.

        (7)         On receiving any document under subsection (6), the JP must attach it to the original warrant.

        (8)         Despite subsection (5), if —

            (a)         an issue arises in a proceeding about whether anything done was authorised because of an entry warrant issued under this section; and

            (b)         the original warrant is not produced in evidence,

                the onus of proof is on the person relying on the lawfulness of the thing done to prove that it was authorised because of an entry warrant.