Document ID: chunk:federal_register_of_legislation:C2023C00229:section:38h
Version: federal_register_of_legislation:C2023C00229
Segment Type: section
Provision Reference: s 38H
Character Range: 157026–158343

38H  Warrants may be issued by telephone etc.
 (1) A police officer may apply to a Magistrate or eligible Judge 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 or Judge may require communication by voice to the extent that is practicable in the circumstances.
 (3) In making the application, the police officer must give to the Magistrate or Judge all the information required to be provided in an application for the issue of a warrant under section 38C, but the application may, if necessary, be made before the information is sworn.
 (4) If an application is made to a Magistrate or eligible Judge under this section and the Magistrate or Judge, after considering the information and having received and considered such further information (if any) as the Magistrate or Judge requires, 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 or Judge may complete and sign the same form of warrant that would be issued under section 38C.