Commonwealth Consolidated Acts Commonwealth Consolidated ActsApplication for warrant
(1) An authorised officer may apply to an issuing officer by telephone, fax or other electronic means for a warrant under section 86 in relation to premises:
(b) if the authorised officer believes, on reasonable grounds, that the delay that would occur if an application were made in person would frustrate the effective execution of the warrant.
(2) The issuing officer may require communication by voice to the extent that it is practicable in the circumstances.
(3) Before applying for the warrant, the authorised officer must prepare information (of the kind mentioned in subsection 86(2)) in relation to the premises that sets out the grounds on which the warrant is sought. If it is necessary to do so, the authorised officer may apply for the warrant before the information is sworn or affirmed.
Signing of warrant
(4) If the issuing officer is satisfied:
(a) after considering the terms of the information; and
(b) after receiving such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought;
that there are reasonable grounds for issuing the warrant, the issuing officer may complete and sign the same warrant that the issuing officer would issue under section 86 if the application had been made under that section.
Informing authorised officer
(5) If the issuing officer completes and signs the warrant, the issuing officer must inform the authorised officer, by telephone, fax or other electronic means, of:
(a) the terms of the warrant; and
(b) the day on which, and the time at which, the warrant was signed.
Form of warrant
(6) The authorised officer must then complete a form of warrant in the same terms as the warrant completed and signed by the issuing officer, stating on the form:
(a) the name of the issuing officer; and
(b) the day on which, and the time at which, the warrant was signed.
Completed form of warrant to be given to issuing officer
(7) The authorised officer must also, not later than the day after the day on which the warrant ceased to be in force or the day of execution of the warrant, whichever is earlier, send to the issuing officer:
(a) the form of warrant completed by the authorised officer; and
(b) the information referred to in subsection (3), which must have been duly sworn or affirmed.
(8) The issuing officer must attach to the documents provided under subsection (7) the warrant signed by the issuing officer.
Authority of warrant
(9) A form of warrant duly completed under subsection (6) is authority for the same powers as are authorised by the warrant signed by the issuing officer.
(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 issuing officer 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.