Document ID: chunk:federal_register_of_legislation:C2024C00024:section:8za
Version: federal_register_of_legislation:C2024C00024
Segment Type: section
Provision Reference: s 8ZA
Character Range: 38825–41082

8ZA  Formalities relating to warrants issued by telephone or other electronic means
 (1) If the magistrate signs a warrant under section 8Z, the magistrate must:
 (a) inform the authorised officer of the terms of the warrant; and
 (b) inform the authorised officer of the day on which and the time at which the warrant was signed; and
 (c) inform the authorised officer of the day not more than 48 hours after the magistrate completes and signs the warrant on which the warrant ceases to have effect; and
 (d) record on the warrant the reasons for issuing the warrant.
 (2) The authorised officer must:
 (a) complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and
 (b) write on it the magistrate's name and the day on which and the time at which the warrant was signed.
 (3) The authorised officer must, not later than the day after the date of expiry or execution of the warrant, whichever is the earlier, send to the magistrate:
 (a) the form of warrant completed by the authorised officer; and
 (b) the information duly sworn in connection with the warrant.
 (4) On receiving the documents referred to in subsection (3), the magistrate must:
 (a) attach to them the warrant signed by the magistrate; and
 (b) deal with the documents in the way in which the magistrate would have dealt with the information if the application for the warrant had been made under section 8Y.
 (5) A form of warrant duly completed by an authorised officer under subsection (2), if it is in accordance with the terms of the warrant signed by the magistrate, is authority for any entry, search, seizure or other exercise of a power that the warrant so signed authorises.
 (6) If:
 (a) it is material in any proceedings for a court to be satisfied that an entry, search, seizure or other exercise of power was authorised in accordance with this section; and
 (b) 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 is to assume, unless the contrary is proved, that the entry, search, seizure or other exercise of power was not authorised by such a warrant.

Division 5—Provisions relating to execution of search warrants