Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p159
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 159/175)
Character Range: 573291–575953

Subdivision 456‑B—Warrants by telephone or other electronic means

456‑15  Applying for warrants by telephone or other electronic means
 (1) The Registrar or an authorised officer may apply to a magistrate for a warrant by telephone, fax or other electronic means:
 (a) in an urgent case; or
 (b) if the delay that would occur if an application were made in person would frustrate the effective execution of the warrant.
 (2) An application under subsection (1):
 (a) must include all information that would be required in an ordinary application for a warrant; and
 (b) if necessary, may be made before the information is sworn or affirmed.
 (3) The magistrate may require:
 (a) communication by voice to the extent that it is practicable in the circumstances; and
 (b) any further information.
 (4) The function of issuing a warrant is conferred on the magistrate in a personal capacity and not as a court or a member of a court. The magistrate need not accept the function conferred.

456‑20  Issuing warrants by telephone etc.
 (1) The magistrate may complete and sign the same form of warrant that would be issued under section 456‑5 if satisfied that:
 (a) a warrant in the terms of the application should be issued urgently; or
 (b) the delay that would occur if an application were made in person would frustrate the effective execution of the warrant.
 (2) If the magistrate issues the warrant, he or she must inform the applicant, by telephone, fax or other electronic means, of the terms of the warrant and the day on which and the time at which it was signed.
 (3) The applicant must then:
 (a) complete a form of warrant in terms substantially corresponding to those given by the magistrate; and
 (b) state on the form:
 (i) the name of the magistrate; and
 (ii) the day on which the warrant was signed; and
 (iii) the time at which the warrant was signed.
 (4) The applicant must give the magistrate:
 (a) the form of warrant completed by the applicant; and
 (b) if the information was unsworn under paragraph 456‑15(2)(b)—the sworn information;
by the end of the day after whichever first occurs:
 (c) the warrant expires; or
 (d) the warrant is executed.
 (5) The magistrate must attach the form of warrant completed by the magistrate to the documents provided under subsection (4).

456‑25  Unsigned warrants by telephone etc. in court proceedings
  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 this Division was duly authorised; and
 (b) the form of warrant signed by the magistrate is not produced in evidence;
the court must assume that the exercise of the