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THERAPEUTIC GOODS ACT 1989 - SECT 51

Offence and civil penalty provision related warrants by telephone

             (1)  If, in an urgent case, an authorised person considers it necessary to do so, the person may apply to a magistrate by telephone for a warrant under section 50 in relation to premises.

             (2)  Before applying for the warrant, the person must prepare an information of the kind mentioned in subsection 50(2) in relation to the premises that sets out the grounds on which the warrant is sought.

             (3)  If it is necessary to do so, the person may apply for the warrant before the information is sworn.

             (4)  If the magistrate is satisfied:

                     (a)  after having considered the terms of the information; and

                     (b)  after having received such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought;

that there are reasonable grounds for issuing the warrant, the magistrate may complete and sign the same warrant that the magistrate would issue under section 50 if the application had been made under that section.

             (5)  If the magistrate completes and signs the warrant:

                     (a)  the magistrate must:

                              (i)  tell the authorised person what the terms of the warrant are; and

                             (ii)  tell the authorised person the day on which and the time at which the warrant was signed; and

                            (iii)  tell the authorised person the day (not more than one week after the magistrate completes and signs the warrant) on which the warrant ceases to have effect; and

                            (iv)  record on the warrant the reasons for granting the warrant; and

                     (b)  the authorised person must:

                              (i)  complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and

                             (ii)  write on the form the name of the magistrate and the day on which and the time at which the warrant was signed.

             (6)  The authorised person must also, not later than the day after the day of expiry or execution of the warrant, whichever is the earlier, send to the magistrate:

                     (a)  the form of warrant completed by the person; and

                     (b)  the information referred to in subsection (2), which must have been duly sworn.

             (7)  When the magistrate receives those documents, the magistrate must:

                     (a)  attach them to the warrant that the magistrate completed and signed; and

                     (b)  deal with them in the way in which the magistrate would have dealt with the information if the application had been made under section 50.

             (8)  A form of warrant duly completed under subsection (5) is authority for any entry, search, seizure or other exercise of a power that the warrant signed by the magistrate authorises.

             (9)  If:

                     (a)  it is material, in any proceedings, for a court to be satisfied that an exercise of a power was authorised by this section; and

                     (b)  the warrant signed by the magistrate authorising the exercise of the power is not produced in evidence;

the court must assume, unless the contrary is proved, that the exercise of the power was not authorised by such a warrant.

           (10)  A reference in this Part to a warrant under section 50 includes a reference to a warrant signed by a magistrate under this section.



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