Commonwealth Consolidated Acts

MARITIME TRANSPORT AND OFFSHORE FACILITIES SECURITY ACT 2003 - SECT 145B

Application for warrant

  (1)   If, in an urgent case, a maritime security inspector considers it necessary to do so, the maritime security inspector may apply to a magistrate by telephone, fax or other electronic means for a warrant under section   145A.

  (2)   The magistrate may:

  (a)   require communication by voice to the extent that it is practicable in the circumstances; and

  (b)   make a recording of the whole or any part of any such communication by voice.

  (3)   Before applying for the warrant, the maritime security inspector must prepare an information of the kind mentioned in subsection   145A(2) that sets out the grounds on which the warrant is sought.

  (4)   If it is necessary to do so, the maritime security inspector may apply for the warrant before the information is sworn or affirmed.

Issue of warrant

  (5)   If the magistrate is satisfied:

  (a)   after having considered the terms of the information; and

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

that there are reasonable grounds for issuing the warrant, the magistrate may complete and sign the same warrant that the magistrate would issue under section   145A if the application had been made under that section.

Obligations of magistrate and maritime security inspector once warrant issued

  (6)   If the magistrate completes and signs the warrant:

  (a)   the magistrate must:

  (i)   tell the maritime security inspector what the terms of the warrant are; and

  (ii)   tell the maritime security inspector the day on which and the time at which the warrant was signed; and

  (iii)   tell the maritime security inspector the day (not more than one week after the magistrate completes and signs the warrant) on which the warrant ceases to have effect; and

  (iv)   record on the warrant the reasons for issuing the warrant; and

  (b)   the maritime security inspector must:

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

  (ii)   write on the form the name of the magistrate and the day on which and the time at which the warrant was signed.

  (7)   The maritime security inspector must also, not later than the day after the day of expiry or execution of the warrant, whichever is the earlier, send to the magistrate:

  (a)   the form of warrant completed by the maritime security inspector; and

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

  (8)   When the magistrate receives those documents, the magistrate must:

  (a)   attach them to the warrant that the magistrate completed and signed; and

  (b)   deal with them in the way in which the magistrate would have dealt with the information if the application had been made under section   145A.

Authority of warrant

  (9)   A form of warrant duly completed under subsection   (6) is authority for the same powers as are authorised by the warrant signed by the magistrate.

  (10)   If:

  (a)   it is material, in any proceedings, for a court to be satisfied that an exercise of a power was authorised by this section; and

  (b)   the warrant signed by the magistrate authorising the exercise of the power is not produced in evidence;

the court must assume, unless the contrary is proved, that the exercise of the power was not authorised by such a warrant.