Queensland Numbered Acts Queensland Numbered Acts(1) An application under section 109 may be made by phone, fax, email, radio, video conferencing or another form of electronic communication if the authorised officer considers it necessary because of--
(a) urgent circumstances; or
(b) other special circumstances including, for example, the authorised officer's remote location.
(2) The application--
(a) may not be made before the authorised officer prepares the written application under section 109(2); but
(b) may be made before the written application is sworn.
(3) The industrial magistrate may issue the warrant (the original warrant) only if the industrial magistrate is satisfied--
(a) it was necessary to make the application under subsection (1); and
(b) the way the application was made under subsection (1) was appropriate.
(4) After the industrial magistrate issues the original warrant--
(a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, for example, by sending a copy by fax or email, the industrial magistrate must immediately give a copy of the warrant to the authorised officer; or
(b) otherwise--
(i) the industrial magistrate must tell the authorised officer the date and time the warrant is issued and the other terms of the warrant; and
(ii) the authorised officer must complete a form of warrant including by writing on it--
(A) the industrial magistrate's name; and
(B) the date and time the magistrate issued the warrant; and
(C) the other terms of the warrant.
(5) The copy of the warrant mentioned in subsection (4)(a), or the form of warrant completed under subsection (4)(b) (in either case the duplicate warrant) is a duplicate of, and as effectual as, the original warrant.
(6) The authorised officer must, at the first reasonable opportunity, send to the industrial magistrate--
(a) the written application complying with section 109(2) and (3); and
(b) if the authorised officer completed a form of warrant under subsection (4)(b)--the completed form of warrant.
(7) The industrial magistrate must keep the original warrant and, on receiving the documents under subsection (6)--
(a) attach the documents to the original warrant; and
(b) give the original warrant and documents to the clerk of the court of the relevant industrial magistrates court.
(8) Despite subsection (5), if--
(a) an issue arises in a proceeding about whether an exercise of a power was authorised by a 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 exercise of the power to prove a warrant authorised the exercise of the power.
(9) This section does limit section 109.
(10) In this section--
relevant industrial magistrates court, in relation to an industrial magistrate, means the Industrial Magistrates Court the magistrate constitutes under the Industrial Relations Act 1999, section 291.