the magistrate may complete and sign the same form of warrant that would be
issued under section 413.
Notification
- (5)
- If the magistrate decides to issue the warrant, the
magistrate is to inform the applicant, by telephone, telex, facsimile or other
electronic means, of the terms of the warrant and the day on which and the
time at which it was signed.
Form of warrant
- (6)
- The applicant must then complete a form of warrant in
terms substantially corresponding to those given by the magistrate, stating on
the form the name of the magistrate and the day on which and the time at which
the warrant was signed.
Completed form of warrant to be given to magistrate
- (7)
- The applicant must,
not later than the day after the day of expiry of the warrant or the day after
the day on which the warrant was executed, whichever is the earlier, give or
transmit to the magistrate:
- (a)
- the form of warrant completed by the applicant; and
- (b)
- if the information referred to in subsection (3) was not swornthat
information duly sworn.
Attachment
- (8)
- The magistrate is to attach to the documents provided under
subsection (7) the form of warrant completed by the magistrate.
Presumption
- (9)
- If:
- (a)
- it is material, in any proceedings, for a court to be satisfied that the
exercise of a power under a warrant issued under this section was duly
authorised; and
- (b)
- the form of warrant signed by the magistrate is not produced in evidence;
the court is to assume, unless the contrary is proved, that the exercise of
the power was not duly authorised.