(1)  An inspector may make, by telephone, facsimile or other electronic means, an application under section 159(1) to a magistrate for the issue of a warrant under section 159(4)  –

(a) in any urgent case; or

(b) if the delay that would occur if the application were made in person would frustrate the effective execution of the warrant.

(2)  A magistrate to whom an application in accordance with subsection (1) is made by an inspector may require the inspector to communicate by voice to the extent that is practicable in the circumstances.

(3)  If an application is made in accordance with subsection (1) to a magistrate and the magistrate, after considering the information that is provided by the inspector in support of the application or that the magistrate requires, is satisfied that the grounds for issue of the warrant specified in section 159(4) are made out and –

(a) a warrant in the terms of the application should be issued urgently; or

(b) the delay that would occur if the application were made in person would frustrate the effective execution of the warrant –

the magistrate may issue the warrant under section 159(4) by completing and signing the same form of warrant that would be issued under section 159(4) .

(4)  If the magistrate decides to issue the warrant for which an application is made in accordance with subsection (1) by an inspector –

(a) the magistrate is to inform the inspector, by telephone, facsimile or other electronic means, of the terms of the warrant and the day on which, and the time at which, the warrant was signed; and

(b) the inspector is to complete a form of the warrant in terms substantially corresponding to the terms of which the inspector was informed by the magistrate and to state on the form the name of the magistrate and the day on which, and the time at which, the warrant was signed.

(5)  The inspector to whom a warrant is issued pursuant to an application made under subsection (1) is to, no later than the day after the day on which the warrant expires or is executed, whichever occurs first, give or transmit to the magistrate –

(a) the form of warrant completed by the inspector; and

(b) if the information on the basis of which the warrant was issued was not sworn by the inspector, that information duly sworn.

(6)  The magistrate is to attach to the documents provided under subsection (5) the form of warrant completed by the magistrate and to return the documents and form to the inspector to whom the warrant was issued.

(7)  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 section 159(4) in accordance with this section was duly authorised; and

(b) the form of warrant signed by the magistrate who issued the warrant 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.