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TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 122
Warrants—applications made otherwise than in person
122 Warrants—applications made otherwise than in person
(1) An authorised person may apply for a warrant by phone, fax, radio or
another form of communication if the authorised person considers it necessary
because of— (a) urgent circumstances; or
(b) other special circumstances,
including, for example, the authorised person’s remote location.
(2) Before
applying for the warrant, the authorised person must prepare an application
stating the grounds on which the warrant is sought.
(3) The authorised person
may apply for the warrant before the application is sworn.
(4) After issuing
the warrant, the magistrate must immediately fax a copy to the authorised
person if it is reasonably practicable to fax the copy.
(5) If it is not
reasonably practicable to fax a copy of the warrant to the authorised
person— (a) the magistrate must— (i) tell the authorised person what the
terms of the warrant are; and
(ii) tell the authorised person the date and
time the warrant was signed; and
(iii) record on the warrant the reasons for
issuing the warrant; and
(b) the authorised person must write on a form of
warrant (
"warrant form" )— (i) the magistrate’s name; and
(ii) the date and time
the magistrate signed the warrant; and
(iii) the warrant’s terms.
(6) The
facsimile warrant, or the warrant form properly completed by the authorised
person, authorises the entry and the exercise of the other powers authorised
by the warrant issued by the magistrate.
(7) The authorised person must, at
the first reasonable opportunity, send to the magistrate— (a) the sworn
application; and
(b) if a warrant form was completed by the authorised
person—the completed warrant form.
(8) On receiving the documents, the
magistrate must attach them to the warrant.
(9) Unless the contrary is
proved, a court must presume that a power exercised by an authorised person
was not authorised by a warrant issued under this section if— (a) a question
arises, in a proceeding before the court, whether the exercise of power was
authorised by a warrant; and
(b) the warrant is not produced in evidence.
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