Document ID: chunk:federal_register_of_legislation:C2004A04741:body:0:p12
Version: federal_register_of_legislation:C2004A04741
Segment Type: other
Provision Reference: 
Character Range: 27444–30124

considering the information and having received and considered such further information (if any) as the issuing officer 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 issuing officer may complete and sign the same form of warrant that would be issued under section 3E.

"(5) If the issuing officer decides to issue the warrant, the issuing 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 issuing officer, stating on the form the name of the issuing officer 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 transmit to the issuing officer 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 issuing officer is to attach to the documents provided under subsection (7) the form of warrant completed by the issuing officer.

  "(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 issuing officer 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.

Restrictions on personal searches

"3S. A warrant can not authorise a strip search or a search of a person's body cavities.

"Division 3—Stopping and searching conveyances

Searches without warrant in emergency situations

"3T.(1) This section applies if a constable suspects, on reasonable grounds, that:

  (a) a thing relevant to an indictable offence is in or on a conveyance; and

    (b) it is necessary to exercise a power under subsection (2) in order to prevent the thing from being concealed, lost or destroyed; and

    (c) it is necessary to exercise the power without the authority of a search warrant because the circumstances are serious and urgent.

  "(2) The constable may:

  (a) stop and detain the conveyance; and

    (b) search the conveyance and any container in or on the conveyance, for the thing;