Commonwealth Consolidated Acts

AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 - SECT 69EHB

Application for warrant

  (1)   An inspector may apply to a magistrate by telephone, fax or other electronic means for a warrant in relation to premises:

  (a)   in an urgent case; or

  (b)   if the delay that would occur if an application were made in person would frustrate the effective execution of the warrant.

  (2)   The magistrate may require communication by voice to the extent that it is practicable in the circumstances.

  (3)   Before applying for a warrant, the inspector must:

  (a)   in the case of a monitoring warrant--prepare an information of the kind mentioned in subsection   69EH(2); and

  (b)   in the case of an investigation warrant--prepare an information of the kind mentioned in subsection   69EHA(2);

in relation to the premises that sets out the grounds on which the warrant is sought. If it is necessary to do so, the inspector may apply for the warrant before the information is sworn or affirmed.

Magistrate may complete and sign warrant

  (4)   The magistrate may complete and sign the same warrant that would have been issued under section   69EH or 69EHA if the magistrate is satisfied that there are reasonable grounds for doing so:

  (a)   after considering the terms of the information; and

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

  (5)   After completing and signing the warrant, the magistrate must inform the inspector, by telephone, fax or other electronic means, of:

  (a)   the terms of the warrant; and

  (b)   the day and time the warrant was signed.

Obligations on inspector

  (6)   The inspector must then do the following:

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

  (b)   state on the form the following:

  (i)   the name of the magistrate;

  (ii)   the day and time the warrant was signed by the magistrate;

  (c)   send the following to the magistrate:

  (i)   the form of warrant completed by the inspector;

  (ii)   the information referred to in subsection   (3), which must have been duly sworn or affirmed.

  (7)   The inspector must comply with paragraph   (6)(c) by the end of the day after the earlier of the following:

  (a)   the day the warrant ceases to be in force;

  (b)   the day the warrant is executed.

Magistrate to attach documents together

  (8)   The magistrate must attach the documents provided under paragraph   (6)(c) to the warrant signed by the magistrate.