New South Wales Consolidated Acts

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 60A

60A Applications for warrants by email

(1) Despite the requirement under section 60(1) that an application for a warrant be made in person, a person may apply for a warrant--

(a) by email, or

(b) in another way prescribed by the regulations for the purposes of this section.

(2) The eligible issuing officer must not issue the warrant unless the information given by the applicant in, or in relation to, the application is verified--

(a) before the eligible issuing officer on oath or affirmation, or

(b) by affidavit.

(3) The requirement under subsection (2) for information to be verified before an eligible issuing officer is taken to be satisfied if--

(a) the applicant appears before the issuing officer by audio visual link or telephone, and

(b) the issuing officer administers the oath or affirmation by the same means.

(4) If the eligible issuing officer issues the warrant on an application made by email, the issuing officer may--

(a) email the signed warrant to the applicant, and

(b) email the signed occupier's notice to the applicant.

(5) If the eligible issuing officer emails the signed warrant or signed occupier's notice to the applicant, a person executing the warrant may--

(a) for the purposes of section 67--serve a copy of the signed occupier's notice produced by the email transmission, and

(b) for the purposes of section 69--produce a copy of the signed warrant produced by the email transmission.

(6) This section does not apply to telephone warrants.

(7) Despite section 59(2) and (3)--

(a) this section does not apply to notices to produce documents issued under Division 3, and

(b) subsections (4) and (5), to the extent that the subsections require or provide for occupier's notices, do not apply to warrants issued under Part 6 or Part 11, Division 2.

(8) Subsections (2)-(5) apply to detention warrants issued under Part 9.