37Warrants by telephone or other electronic means

37 Warrants by telephone or other electronic means

(1) A national inspector may apply to a magistrate for a warrant by telephone, 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 may require voice communication to the extent that is practicable in the circumstances. (3) An application under this section must include all information required to be provided in an ordinary application for a warrant, but the application may, if necessary, be made before the information is sworn or affirmed. (4) If an application is made to a magistrate under this section and the magistrate, after considering the information and having received and considered any further information that the magistrate 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 may complete and sign the same form of warrant that would be issued under section 31. (5) If the magistrate decides to issue the warrant, the magistrate must tell the applicant, by telephone, fax or other electronic means, of the terms of the warrant and the day and time when it was signed. (6) The national inspector must then complete a form of warrant in terms substantially the same as those given by the magistrate, stating on the form the name of the magistrate and the day and time when the warrant was signed. (7) The national inspector 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 earlier, give or transmit to the magistrate the form of warrant completed by the inspector and, if the information mentioned in subsection (3) was not sworn or affirmed, that information duly sworn or affirmed. (8) The magistrate must attach to the documents provided under subsection (7) the form of warrant completed by the magistrate. (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 magistrate 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.