Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 10 - REGULATION AND ENFORCEMENT  

PART 10-3 - ENFORCEMENT  

Division 456 - Warrants for books not produced  

Subdivision 456-B - Warrants by telephone or other electronic means  

SECTION 456-15   APPLYING FOR WARRANTS BY TELEPHONE OR OTHER ELECTRONIC MEANS  

456-15(1)    
The Registrar or an authorised officer may apply to a magistrate for a warrant by telephone, fax or other electronic means:

(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.

456-15(2)    
An application under subsection (1) :

(a)    must include all information that would be required in an ordinary application for a warrant; and

(b)    if necessary, may be made before the information is sworn or affirmed.

456-15(3)    
The magistrate may require:

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

(b)    any further information.

456-15(4)    
The function of issuing a warrant is conferred on the magistrate in a personal capacity and not as a court or a member of a court. The magistrate need not accept the function conferred.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.