688Safe custody warrant—application made other than in

688 Safe custody warrant—application made other than in (1) The director-general or a police officer may apply for a warrant by phone, fax, radio or other form of communication if the director-general or police officer considers it necessary because of urgent circumstances. (2) Before applying for the warrant, the director-general or police officer must prepare an application stating the grounds on which the warrant is sought. (3) The director-general or police officer may apply for the warrant before the application is sworn. (4) After issuing the warrant, the magistrate must immediately provide a written copy to the director-general or police officer if it is practicable to do so. (5) If it is not practicable to provide a written copy to the director-general or police officer— (a) the magistrate must tell the director-general or police officer— (i) the terms of the warrant; and (ii) the date and time the warrant was issued; and (b) the director-general or police officer must complete a form of warrant (the warrant form) and write on it— (i) the magistrate’s name; and (ii) the date and time the magistrate issued the warrant; and (iii) the warrant’s terms. (6) The written copy of the warrant, or the warrant form properly completed by the director-general or police officer, authorises the entry and the exercise of the director-general or police officer’s powers under this part.

(7) The director-general or police officer must, at the first reasonable opportunity, send to the magistrate— (a) the sworn application; and (b) if the director-general or police officer completed a warrant form—the completed warrant form. (8) On receiving the documents, the magistrate must attach them to the warrant. (9) A court must find that a power exercised by the director-general or police officer was not authorised by a warrant under this section if— exercise of power was authorised by a warrant; and (b) the warrant is not produced in evidence; and (c) it is not proved that the exercise of power was authorised by a warrant under this section.