South Australian Numbered Regulations South Australian Numbered Regulations5—Applications for warrants (section 34(6))
(1) The grounds of an
application for a warrant under section 34 of the Act made personally must be
verified by affidavit.
(2) If an application
for a warrant is made by telephone—
(a) the
applicant must inform the magistrate of the applicant's name and identify the
position that he or she holds for the purposes of the Act, and the magistrate,
on receiving that information, is entitled to assume, without further inquiry,
that the applicant holds that position; and
(b) the
applicant must inform the magistrate of the purpose for which the warrant is
required and the grounds on which it is sought; and
(c) if
it appears to the magistrate from the information given by the applicant that
there are proper grounds to issue a warrant, the magistrate must inform the
applicant of the facts that justify, in the magistrate's opinion, the issue of
the warrant, and must not proceed to issue the warrant unless the applicant
undertakes to make an affidavit verifying those facts; and
(d) if
the applicant gives such an undertaking, the magistrate may then make out and
sign a warrant, noting on the warrant the facts that justify, in the
magistrate's opinion, the issue of the warrant; and
(e) the
warrant is taken to have been issued, and comes into force, when signed by the
magistrate; and
(f) the
magistrate must inform the applicant of the terms of the warrant; and
(g) the
applicant must, as soon as practicable after the issue of the warrant, forward
to the magistrate an affidavit verifying the facts referred to in
paragraph (c).