Document ID: chunk:federal_register_of_legislation:C2004A04176:body:0:p6
Version: federal_register_of_legislation:C2004A04176
Segment Type: other
Provision Reference: 
Character Range: 16396–19104

section.

  "(4) Where a magistrate signs a warrant under subsection (3):

     (a) the magistrate must inform the investigator of the terms of the warrant, the date and time when it was signed, and the day on

     which it ceases to have effect, and record on the warrant the reasons for issuing it; and

    (b) the investigator must complete a form of warrant in the terms given to the investigator by the magistrate and write on it the magistrate's name and the date and time when the warrant was signed.

"(5) Where an investigator completes a form of warrant, the investigator must, not later than the day after:

  (a)     the day on which the warrant ceases to have effect; or

  (b)     the day on which the warrant is executed;

whichever happens first, send the magistrate who signed the warrant the form of warrant completed by the investigator and the information duly sworn in connection with the warrant.

"(6) Upon receipt of the documents mentioned in subsection (5), the magistrate must attach to them the warrant signed by the magistrate and deal with the documents in the same way that the magistrate would have dealt with the information if the application for the warrant had been made under section 32af.

"(7) The form of warrant completed by an investigator under subsection (4) is, if it is in accordance with the terms of the warrant signed by the magistrate, authority for any entry, search, seizure or other exercise of a power that the warrant so signed authorised.

"(8) Where, in any proceedings, the court must be satisfied that an entry, search, seizure, or other exercise of power, was authorised under this section, and the warrant signed by a magistrate under this section authorising the entry, search, seizure, or other exercise of power, is not produced in evidence, the court must assume, unless the contrary is proved, that the entry, search, seizure, or other exercise of power, was not authorised by such a warrant.

Discovery of evidence

"32ah. (1) Where an investigator who enters premises under section 32ae or under a warrant under section 32af or 32ag finds the thing (in this subsection called 'evidence') which the investigator entered the premises to find:

  (a)     the investigator may seize the evidence; and

    (b)     the investigator may keep the evidence for 60 days or, if a prosecution for an offence against this Act or the regulations, in the commission of which the evidence may have been used or otherwise involved, is started within that period, until the completion of the proceedings for the offence and of any appeal in relation to the proceedings; and

    (c)     if the evidence is a book, record or document—while the investigator