Queensland Consolidated Acts
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MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 87O
Additional procedure if electronic application
87O Additional procedure if electronic application
(1) For an application made under section 87N , the magistrate may issue the
"original warrant" ) only if the magistrate is satisfied—
(a) it was
necessary to make the application under section 87N ; and
(b) the way the
application was made under section 87N 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 authorised
person, including, for example, by sending a copy by fax or email, the
magistrate must immediately give a copy of the warrant to the authorised
(i) the magistrate must tell the authorised
person the information mentioned in section 87M (3) ; and
authorised person must complete a form of warrant, including by writing on it
the information mentioned in section 87M (3) provided by the magistrate.
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
(4) The authorised person must, at the first reasonable
opportunity, send to the magistrate—
(a) the written application complying
with section 87L (2) and (3) ; and
(b) if the authorised person 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.
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 87L .
(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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