Document ID: chunk:federal_register_of_legislation:C2004A00398:clause:3_10g:p2
Version: federal_register_of_legislation:C2004A00398
Segment Type: clause
Provision Reference: sch 3 cl 10G (pt 2/2)
Character Range: 24739–25395

subsection (5) 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 power that the warrant so signed authorizes.

 (9) If:
 (a) it is material, in any proceedings, for a court to be satisfied that an exercise of power was authorized under this section; and
 (b) the warrant signed by the magistrate under this section authorizing the exercise of power is not produced in evidence;
the court must assume, unless the contrary is proved, that the exercise of power was not authorized by such a warrant.

Division 5—Stopping and searching aircraft, vehicles or ships