Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Before applying under section 538 for a warrant, an inspector must prepare an information of a kind referred to in section 535 that sets out the grounds on which the issue of the warrant is being sought. However, the inspector may, if it is necessary to do so, make the application before the information has been sworn.
(2) If the magistrate to whom an application under section 538 is made is satisfied:
(a) after having considered the terms of the information prepared under subsection (1); 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 must complete and sign such a search warrant as the magistrate would issue under section 535 if the application had been made under that section.
(3) If the magistrate signs a warrant under subsection (2):
(a) the magistrate must:
(i) inform the inspector of the terms of the warrant; and
(ii) inform the inspector of the day on which and the time at which the warrant was signed; and
(iii) inform the inspector of the day (not more than 7 days 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 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 it the magistrate's name and the day on which and the time at which the warrant was signed.
(4) The inspector must, not later than the day after the date 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 duly sworn in connection with the warrant.
(5) On receiving the documents referred to in subsection (4), the magistrate must:
(a) attach to them the warrant signed by the magistrate; and
(b) deal with the documents in the way which the magistrate would have dealt with the information if the application for the warrant had been made under section 535.
(6) A form of warrant duly completed by an inspector under subsection (3), if it is in accordance with the terms of the warrant signed by the magistrate, is authority for an entry, search, seizure or other exercise of a power that the warrant so signed authorises.