Document ID: chunk:federal_register_of_legislation:C2023C00229:section:38i
Version: federal_register_of_legislation:C2023C00229
Segment Type: section
Provision Reference: s 38I
Character Range: 158343–159880

38I  Formalities relating to warrants issued by telephone etc.
 (1) If the Magistrate or eligible Judge decides to issue the warrant under section 38H, the Magistrate or Judge is to inform the applicant, by telephone, telex, fax or other electronic means, of the terms of the warrant and the day on which and the time at which it was signed.
 (2) The applicant must then complete a form of warrant in terms substantially corresponding to those given by the Magistrate or Judge, stating on the form the name of the Magistrate or Judge and the day on which and the time at which the warrant was signed.
 (3) 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 or Judge:
 (a) the form of warrant completed by the applicant; and
 (b) if the information referred to in subsection 38H(3) was not sworn—that information duly sworn.
 (4) The Magistrate or Judge is to attach to the documents provided under subsection (3) the form of warrant completed by the Magistrate or Judge.
 (5) 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 38H was duly authorised; and
 (b) the form of warrant signed by the Magistrate or Judge 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.

Division 3—Execution of search warrants