sec.59Additional procedure if electronic application

sec.59 Additional procedure if electronic application

For an application made under section 58 , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under section 58 ; and the way the application was made under section 58 was appropriate. After the magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or otherwise— the magistrate must tell the authorised officer the information mentioned in section 57 (2) ; and the authorised officer must complete a form of warrant, including by writing on it the information mentioned in section 57 (2) provided by the magistrate. The copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant. The authorised officer must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 56 (2) and (3) ; and if the authorised officer completed a form of warrant under subsection (2) (b) , the completed form of warrant. The magistrate must keep the original warrant and, on receiving the documents under subsection (4) — attach the documents to the original warrant; and give the original warrant and documents to the clerk of the court of the relevant magistrates court. Despite subsection (3) , if— an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and the original warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power. This section does not limit section 56 . In this section— relevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 . (sec.59-ssec.1) For an application made under section 58 , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under section 58 ; and the way the application was made under section 58 was appropriate. (sec.59-ssec.2) After the magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or otherwise— the magistrate must tell the authorised officer the information mentioned in section 57 (2) ; and the authorised officer must complete a form of warrant, including by writing on it the information mentioned in section 57 (2) provided by the magistrate. (sec.59-ssec.3) The copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant. (sec.59-ssec.4) The authorised officer must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 56 (2) and (3) ; and if the authorised officer completed a form of warrant under subsection (2) (b) , the completed form of warrant. (sec.59-ssec.5) The magistrate must keep the original warrant and, on receiving the documents under subsection (4) — attach the documents to the original warrant; and give the original warrant and documents to the clerk of the court of the relevant magistrates court. (sec.59-ssec.6) Despite subsection (3) , if— an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and the original warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power. (sec.59-ssec.7) This section does not limit section 56 . (sec.59-ssec.8) In this section— relevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .