Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 492

Application for warrant

  (1)   A biosecurity enforcement officer may apply to an issuing officer by telephone, fax or other electronic means for a warrant of a kind referred to in section   491 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 issuing officer may require communication by voice to the extent that it is practicable in the circumstances.

  (3)   Before applying for the warrant, the biosecurity enforcement officer or a biosecurity officer must prepare an information of the kind required by subsections   488(2) and (3) in relation to the premises that sets out the grounds on which the warrant is sought. If it is necessary to do so, the biosecurity enforcement officer may apply for the warrant before the information is sworn or affirmed.

Issuing officer may complete and sign warrant

  (4)   The issuing officer may complete and sign the same warrant that would have been issued under section   488 if the issuing officer 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 issuing officer requires concerning the grounds on which the issue of the warrant is being sought.

  (5)   After completing and signing the warrant, the issuing officer must inform the biosecurity enforcement officer, by telephone, fax or other electronic means, of:

  (a)   the terms of the warrant; and

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

Obligations on biosecurity enforcement officer

  (6)   The biosecurity enforcement officer must then do the following:

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

  (b)   state on the form the following:

  (i)   the name of the issuing officer;

  (ii)   the day, and the time, the warrant was signed;

  (c)   send the following to the issuing officer:

  (i)   the form of warrant completed by the biosecurity enforcement officer;

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

  (7)   The biosecurity enforcement officer 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 (or first executed).

Issuing officer to attach documents together

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