81Warrant may be granted by telephone

81 Warrant may be granted by telephone

S. 81(1) amended by Nos 63/2003 s. 20(3)(a), 37/2014 s. 10(Sch. item 25.9(a)), 44/2022 s. 29(1).

(1) If, by reason of circumstances of urgency, an applicant for a warrant under section 79 or 79A considers it necessary to do so, the applicant may apply for a search warrant under section 79 or a seizure warrant under section 79A to a magistrate or judge, by telephone, in accordance with this section.

S. 81(2) amended by Nos 37/2014 s. 10(Sch. item 25.9(b)), 6/2018 s. 68(Sch. 2 item 26.5), 44/2022 s. 29(2).

(2) Before making the application, the applicant must prepare an affidavit setting out the grounds on which the warrant is sought, but may, if necessary, make the application before the affidavit has been sworn or affirmed.

S. 81(3) amended by Nos 37/2014 s. 10(Sch. item 25.9(b)), 6/2018 s. 68(Sch. 2 item 26.6), 33/2018 s. 82(a), 44/2022 s. 29(2).

(3) If transmission by facsimile machine or other electronic communication is available, the applicant must transmit a copy of the affidavit, even if the affidavit is not sworn or affirmed, to the magistrate or judge who is to hear the application by telephone.

S. 81(4) amended by Nos 63/2003 s. 20(3)(b), 26/2024 s. 37.

(4) If—

(a) after having considered the terms of the affidavit; and

(b) after having received any further information that the magistrate or judge requires concerning the grounds on which the warrant is being sought—

the magistrate or judge is satisfied as required by section 79(2) or section 79A(2) (as the case requires), the magistrate or judge may issue a search warrant or a seizure warrant.

S. 81(5) amended by No. 63/2003 s. 20(3)(c).

(5) If a magistrate or judge issues a search warrant or a seizure warrant on an application made by telephone, he or she must—

(a) inform the applicant of the terms of the warrant and the date on which and the time at which it was issued, and record on the warrant the reasons for issuing the warrant; and

S. 81(5)(b) amended by No. 33/2018 s. 82(b).

(b) if transmission by facsimile machine or other electronic communication is available, transmit a copy of the warrant to the applicant.

S. 81(6) amended by Nos 63/2003 s. 20(3)(d)(i), 33/2018 s. 82(c).

(6) If a copy of the search warrant or the seizure warrant has not been transmitted by facsimile machine or other electronic communication, the applicant must—

S. 81(6)(a) amended by No. 63/2003 s. 20(3)(d)(ii).

(a) complete a form of search warrant or a seizure warrant (as the case requires) in the terms furnished to the applicant by the magistrate or judge and must write on it the name of the magistrate or judge and the date on which and the time at which the warrant was issued; and