New South Wales Consolidated Acts

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 61

61 Telephone warrant

(cf Search Warrants Act 1985 , s 12)

(1) A person may apply by telephone for a warrant.

Note--: Telephone includes radio, facsimile and any other communication device.

(2) An eligible issuing officer must not issue a warrant on an application made by telephone unless the eligible issuing officer is satisfied that the warrant is required urgently and that it is not practicable for the application to be made in person.

(3) An application must be made by facsimile if the facilities to do so are readily available for that purpose.

(4) If it is not practicable for an application for a warrant to be made by telephone directly to an eligible issuing officer, the application may be transmitted to the eligible issuing officer by another person on behalf of the applicant.

(5) An eligible issuing officer who issues a warrant on an application made by telephone must--

(a) complete and sign the warrant, and

(b) furnish the warrant to the person who made the application or inform that person of the terms of the warrant and of the date and time when it was signed, and

(c) prepare and furnish an occupier's notice to the person who made the application or inform the person of the terms of the occupier's notice.

(6) If a warrant is issued on an application made by telephone, the applicant--

(a) in a case where the applicant was not furnished with the warrant--must complete a form of warrant in the terms indicated by the eligible issuing officer under subsection (5) and write on it the name of that eligible issuing officer and the date and time when the warrant was signed, and

(b) in a case where the applicant was not furnished with an occupier's notice--must complete a form of occupier's notice in the terms indicated by the eligible issuing officer under subsection (5).

(7) A form of warrant and a form of occupier's notice so completed is taken to be a warrant issued, and an occupier's notice prepared and furnished, in accordance with this Act.

(8) A warrant or occupier's notice is to be furnished by an eligible issuing officer by transmitting it by facsimile, if the facilities to do so are readily available, and the copy produced by that transmission is taken to be the original document.