Western Australian Numbered Acts Western Australian Numbered Acts (1) In this
section —
"remote communication" means any way of
communicating at a distance including by telephone, telephone typewriter, fax,
email and radio.
(2) This section
applies to and in respect of an application for a warrant if another section
in this Part requires the application to be made in accordance with this
section.
(3) The application
must be made, and any information in support of it must be given, on oath.
(4) The application
must be made in person before a magistrate unless —
(a) the
warrant is needed urgently; and
(b) the
applicant reasonably believes that a magistrate is not known to be available
within a reasonable distance of the applicant,
in which case it may
be made to a magistrate by remote communication.
(5) If the application
is made to a magistrate by remote communication —
(a) the
applicant must prepare a written application and if practicable send it to the
magistrate;
(b) if
it is not practicable to send the written application to the magistrate, the
applicant may make the application orally;
(c) if
it is not practicable to comply with subsection (3), the applicant may
make the application, and give any information in support of it, in unsworn
form; and
(d) the
magistrate must not grant the application unless satisfied that there are
grounds under subsection (4) for the application not to be made in
person.
(6) If the application
is made orally under subsection (5)(b), the magistrate must complete a
written application.
(7) If information in
support of the application is given orally, the magistrate must make a record
of it.
(8) If —
(a) the
applicant gives the magistrate unsworn information under
subsection (5)(c); and
(b) the
magistrate issues a warrant,
the applicant must
send the magistrate an affidavit containing all that information as soon as
practicable after the warrant is issued.
(9) If the application
is made by remote communication and the magistrate issues a warrant,
then —
(a) if
it is reasonably practicable to send a copy of the warrant to the applicant by
remote communication, the magistrate must immediately do so; or
(b) if
it is not reasonably practicable to send a copy of the warrant to the
applicant by remote communication —
(i)
the magistrate must immediately give the applicant by
remote communication any information that is required to be set out in the
warrant;
(ii)
the applicant must complete a form of the warrant with
the information given by the magistrate;
(iii)
the applicant must give the magistrate a copy of the
completed form as soon as practicable after the warrant is issued; and
(iv)
the magistrate must attach the copy of the completed form
to the original warrant issued by the magistrate and any affidavit received
from the applicant in support of the application, and make them available for
collection by the applicant.
(10) If a copy of a
warrant is received by remote communication under subsection (9)(a) or a
form of warrant is completed in accordance with subsection (9)(b)(ii) it
has the same effect as the original warrant issued by the magistrate.