Document ID: chunk:federal_register_of_legislation:C2008C00368:clause:3_43p
Version: federal_register_of_legislation:C2008C00368
Segment Type: clause
Provision Reference: sch 3 cl 43P
Character Range: 62963–65478

43P  Warrants by telephone or other electronic means

 (1) An officer may make an application to a magistrate for a warrant by telephone, telex, 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) The magistrate may require communication by voice to the extent that is practicable in the circumstances.

 (3) An application under this section must include all information required to be provided in an ordinary application for a warrant, but the application may, if necessary, be made before the information is sworn.

 (4) If an application is made to a magistrate under this section and the magistrate, after considering the information and having received and considered such further information (if any) as the magistrate required, is 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;
the magistrate may complete and sign the same form of warrant as would be issued under section 43C.

 (5) If the magistrate decides to issue the warrant, the magistrate is to tell 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.

 (6) The applicant must then complete a form of warrant in terms substantially corresponding to those given to the magistrate, stating on the form the magistrate's name and the day on which and the time at which the warrant was signed.

 (7) 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 send to the magistrate the form of warrant completed by the applicant and, if the information referred to in subsection (3) was not sworn, that information duly sworn.

 (8) The magistrate is to attach to the documents provided under subsection (7) the form of warrant completed by the magistrate.

 (9) 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 section was duly authorised; and
 (b) the form of warrant signed by the magistrate 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.