Commonwealth Consolidated Acts

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Stored communications warrants issued on telephone applications

             (1)  An issuing authority who issues a stored communications warrant on a telephone application:

                     (a)  must, as soon as practicable after completing and signing the warrant:

                              (i)  inform the person who made the application, on behalf of the criminal law-enforcement agency concerned, of the terms of the warrant, the day on which it was signed and the time at which it was signed; and

                             (ii)  give the warrant to that person; and

                     (b)  must keep a copy of the warrant.

             (2)  A person who makes a telephone application on a criminal law-enforcement agency's behalf must, within one day after the day on which a warrant is issued on the application:

                     (a)  cause each person who gave information to the issuing authority in connection with the application to swear an affidavit setting out the information so given by the person; and

                     (b)  give to the issuing authority:

                              (i)  the affidavit or affidavits; and

                             (ii)  unless the applicant is the chief officer of the criminal law-enforcement agency--a copy of an authorisation by the chief officer under subsection 111(3) that was in force in relation to the applicant when the application was made.

             (3)  An issuing authority may, by writing signed by him or her, revoke a warrant that he or she issued on a telephone application if satisfied that subsection (2) has not been complied with in relation to the warrant. If he or she does so, he or she must:

                     (a)  forthwith inform the person who made the application on the criminal law-enforcement agency's behalf, or the chief officer of the criminal law-enforcement agency, of the revocation; and

                     (b)  give the instrument of revocation to that person, or to the chief officer, as soon as practicable.

             (4)  The chief officer of that agency must, if another criminal law-enforcement agency is exercising authority under the warrant:

                     (a)  cause the chief officer of the other agency to be informed forthwith of the revocation; and

                     (b)  cause a copy of the instrument of revocation to be given as soon as practicable to the chief officer of the other agency.

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