Document ID: chunk:federal_register_of_legislation:C2004A04935:body:0:p29
Version: federal_register_of_legislation:C2004A04935
Segment Type: other
Provision Reference: 
Character Range: 69555–72241

of a court; and

    (b) the order is later revoked or reversed on appeal; and

    (c) the warrant is still in force;

the execution of the warrant may be completed.

"(4) If:

    (a) the execution of a search warrant or of a seizure warrant is stopped by an order of a court; and

    (b) the order is later revoked or reversed on appeal; and

    (c) the warrant has ceased to be in force;

the court revoking or reversing the order may reissue the warrant for a further period not exceeding 7 days.

"(5) The court must not exercise the power under subsection (4) unless it is satisfied of the matters set out in subsection 198(1) or 203(1).

SCHEDULE 4—continued

Use of animals in executing a warrant

"203L. In executing a search warrant or a seizure warrant in relation to premises, the executing officer or a person assisting may bring to the premises any animals reasonably necessary for locating things the subject of the warrant.

Warrants by telephone or other electronic means

"203M.(1) An authorised person may apply to a judicial officer for a search warrant or for a seizure warrant by telephone, telex, facsimile 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 judicial officer 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 search warrant or for a seizure warrant, but the application may, if necessary, be made before the information is sworn.

"(4) If an application is made to a judicial officer under this section and the judicial officer, after considering the information and having received and considered such further information (if any) as the judicial officer required, is satisfied that:

    (a) a search warrant or a seizure 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 judicial officer may complete and sign the same form of warrant that would be issued under section 198 or 203.

"(5) If the judicial officer decides to issue the warrant, the judicial officer is to inform the applicant, by telephone, telex, facsimile 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 by the judicial officer,