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Crimes Act 1900
194AElectronic versions of affidavits and warrants
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194A Electronic versions of affidavits and warrants
(1) For section 194 (1) and (2), an information on oath may be given by—
(a) giving the issuing officer an electronic version of an affidavit
that includes the signature of the person making the affidavit and
the signature of the person taking the affidavit; or
(b) giving the issuing officer—
(i) an electronic version of an affidavit that includes in any
place where a signature appears in the original affidavit,
the name of the person whose signature it is; and
(ii) an undertaking that the person making the affidavit has
possession of the original affidavit, signed in accordance
with law; or
(c) giving the issuing officer—
(i) an electronic version of an affidavit that includes the
signature of the person making the affidavit; and
(ii) a statement, under oath by telephone or other electronic
audiovisual means, by the person making the affidavit that
every statement in the affidavit is true.
Note Oath includes affirmation (see Legislation Act, dict, pt 1).
(2) For section 194 (1) and (2), a warrant may be issued by giving the
applicant for the warrant an electronic version of the warrant.
(3) For section 205 (Warrants by telephone or other electronic means)—
(a) an issuing officer may complete and sign an electronic version
of the warrant; and
(b) if an issuing officer completes and signs an electronic version of
the warrant—
(i) the applicant need not complete a form of warrant and give
or transmit it to the issuing officer; but
(ii) if the information required to be provided in the application
was not sworn, the applicant must give or transmit the
information, duly sworn, to the issuing officer before the
day after the warrant expired or was executed, whichever
is the earlier.
(4) For subsection (3), a warrant is taken to be signed by the issuing
officer if the issuing officer’s name is written in the place where the
signature is required.