Document ID: chunk:federal_register_of_legislation:C2004A04724:body:0:p21
Version: federal_register_of_legislation:C2004A04724
Segment Type: other
Provision Reference: 
Character Range: 51875–54554

the application before the information has been sworn.

"(3) If a magistrate to whom an application under this section is made is satisfied:

     (a) after having considered the terms of the information prepared under subsection (2); and

     (b) after having received any further information that the magistrate may require about the grounds on which the issue of the warrant is being sought;

that there are reasonable grounds for issuing the warrant, the magistrate must complete and sign a warrant that is the same as the warrant that the magistrate would issue under section 34E if the application had been made under that section.

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

     (a) the magistrate must inform the authorised officer of the terms of the warrant, the day 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 officer must complete a form of warrant in the terms given to the officer by the magistrate and write on it the magistrate's name and the day and time when the warrant was signed.

"(5) If an authorised officer completes a form of warrant, the officer 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 officer 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 34E.

"(7) The form of warrant completed by an authorised officer 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 had authorised.

  "(8) If:

    (a) in any proceedings, the court must be satisfied that an entry, search, seizure, or other exercise of power, was authorised under 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 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

  "34L.(1) If:

    (a) an authorised officer who enters premises