Document ID: chunk:federal_register_of_legislation:C2004A04176:body:0:p5
Version: federal_register_of_legislation:C2004A04176
Segment Type: other
Provision Reference: 
Character Range: 13930–16630

to a magistrate for a warrant under this section in relation to particular premises.

"(2) Subject to subsection (3), the magistrate may issue the warrant if satisfied, by information on oath, that there are reasonable grounds for suspecting that there is, or there may be within the next 72 hours,
on the premises a particular thing that may afford evidence of the commission of an offence against this Act or the regulations.

"(3) The magistrate must not issue the warrant unless the investigator or someone else has given the magistrate, either orally or by affidavit, any further information the magistrate may require about the grounds on which the issue of the warrant is being sought.

  "(4) The warrant must:

    (a) authorise an investigator named in the warrant, with such assistance and by such force as is necessary and reasonable:

       (i) to enter the premises; and

      (ii) to search the premises for the thing; and

      (iii) if the thing is found—to seize it; and

    (b)     state whether the entry is authorised to be made at any time of the day or night during specified hours of the day or night; and

    (c)     specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and

  (d)     state the purpose for which the warrant is issued.

Warrants may be granted by telephone

"32ag. (1) Where, because of circumstances of urgency, an investigator thinks it necessary to do so, the investigator may apply for a warrant under section 32af by telephone, in accordance with this section.

"(2) Before making such an application, an investigator must prepare an information of the kind mentioned in subsection 32af (2) that sets out the grounds on which the issue of the warrant is being sought, but may, if it is necessary to do so, make the application before the information has been sworn.

"(3) Where 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 32AF if the application had been made under that section.

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

     (a) the magistrate must inform the investigator of the terms of the warrant, the date and time when it was signed, and the day on

     which it ceases to