Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 573

573 Additional procedure if electronic application

(1) For an application made under section 572 , 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 572 ; and

(b) the way the application was made under section 572 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 571 (2) ; and

(ii) the inspector must complete a form of warrant, including by writing on it the information mentioned in section 571 (2) 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 570 (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) In this section—

"relevant magistrates court" , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .