South Australian Current Regulations

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MINING REGULATIONS 2020 - REG 8

8—Applications for warrants

The following procedures in relation to an application for the issue of a warrant are prescribed for the purposes of section 14C(6)(b) of the Act:

            (a)         if an application for the issue of a warrant is made personally—the grounds of the application must be verified by affidavit;

            (b)         if an application for the issue of a warrant is made by telephone—

                  (i)         the applicant must inform the magistrate, warden or justice of the applicant's name and identify the position that they hold for the purposes of the Act, and the magistrate, warden or justice, on receiving that information, is entitled to assume, without further inquiry, that the applicant holds that position; and

                  (ii)         the applicant must inform the magistrate, warden or justice of the purpose for which the warrant is required and the grounds on which it is sought; and

                  (iii)         if it appears to the magistrate, warden or justice from the information given by the applicant that there are proper grounds to issue a warrant, the magistrate, warden or justice must inform the applicant of the facts that justify, in their opinion, the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts; and

                  (iv)         if the applicant gives such an undertaking, the magistrate, warden or justice may then make out and sign a warrant, noting on the warrant the facts that justify, in their opinion, the issue of the warrant; and

                  (v)         the warrant is taken to have been issued, and comes into force, when signed by the magistrate, warden or justice; and

                  (vi)         the magistrate, warden or justice must inform the applicant of the terms of the warrant; and

                  (vii)         the applicant must, as soon as practicable after the issue of the warrant, forward to the magistrate, warden or justice an affidavit verifying the facts referred to in subparagraph (iii).



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