Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If, in an urgent case, a trade measurement inspector considers it necessary to do so, the inspector may apply to a magistrate by telephone, fax or other electronic means for a warrant under section 18MZA in relation to residential premises.
(2) Before applying for the warrant, the trade measurement inspector must prepare an information of the kind mentioned in subsection 18MZA(2) in relation to the premises that sets out the grounds on which the warrant is sought.
(3) If it is necessary to do so, the trade measurement inspector may apply for the warrant before the information is sworn or affirmed.
(4) The magistrate:
(a) may require oral communication to the extent that it is practicable in the circumstances; and
(b) may make a recording of the whole or any part of any such oral communication.
(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 18MZA if the application had been made under that section.
(6) If the magistrate completes and signs the warrant:
(a) the magistrate must tell the trade measurement inspector by telephone, fax or other electronic means:
(i) what the terms of the warrant are; and
(ii) the day on which and the time at which the warrant was signed; and
(iii) the day (not more than one week after the magistrate completes and signs the warrant) on which the warrant ceases to have effect; and
(b) the magistrate must record on the warrant the reasons for granting the warrant; and
(c) the trade measurement 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 trade measurement 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 inspector; and
(b) the information referred to in subsection (2), 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 18MZA.
(9) A form of warrant duly completed under subsection (5) is authority for any entry, search, seizure or other exercise of a power that the warrant signed by the magistrate authorises.
(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.
(11) A reference in this Part to a warrant under section 18MZA includes a reference to a warrant signed by a magistrate under this section.