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FAIR TRADING INSPECTORS ACT 2014 - SECT 30
Additional procedure if electronic application
30 Additional procedure if electronic application
(1) For an application made under section 29 , the magistrate may issue the
warrant (the
"original warrant" ) only if the magistrate is satisfied— (a) it was
necessary to make the application under section 29 ; and
(b) the way the
application was made under section 29 was appropriate.
(2) After the
magistrate issues the original warrant— (a) if there is a reasonably
practicable way of immediately giving a copy of the warrant to the inspector,
including, for example, by sending a copy by fax or email, the magistrate must
immediately give a copy of the warrant to the inspector; or
(b) otherwise—
(i) the magistrate must tell the inspector the information mentioned in
section 28 (4) ; and
(ii) the inspector must complete a form of warrant,
including by writing on it the information mentioned in section 28 (4)
provided by the magistrate.
(3) The copy of the warrant mentioned in
subsection (2) (a) , or the form of warrant completed under subsection (2) (b)
(in either case the
"duplicate warrant" ), is a duplicate of, and as effectual as, the
original warrant.
(4) The inspector must, at the first reasonable
opportunity, send to the magistrate— (a) the written application complying
with section 27 (2) and (3) ; and
(b) if the inspector completed a form of
warrant under subsection (2) (b) —the completed form of warrant.
(5) The
magistrate must keep the original warrant and, on receiving the documents
under subsection (4) — (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 magistrates court.
(6) Despite subsection (3) , 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.
(7) This section does not limit section 27 .
(8) In
this section—
"relevant magistrates court" , in relation to a magistrate, means the
Magistrates Court that the magistrate constitutes under the
Magistrates Act 1991 .
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