Western Australian Current Acts

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

WORKING WITH CHILDREN (SCREENING) ACT 2004 - SECT 34W

34W .         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 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 the warrant relates;

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

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

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

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

            (f)         the date and time when the warrant 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 it 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 34W inserted: No. 47 of 2022 s. 29.]



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback