37Application for search warrants by telephone or electronic means

37  Application for search warrants by telephone or electronic means

 (1) An application for a search warrant under subsection 36(1) may be made by telephone or other electronic means if the applicant for the warrant considers it necessary to do so because:

 (a) of circumstances of urgency; or

 (b) the delay that would occur if an application were made in person would frustrate the effective execution of the warrant.

 (2) If an eligible Judge issues a search warrant on an application made by telephone or other electronic means, the eligible Judge must:

 (a) complete and sign that warrant; and

 (b) inform the applicant of the terms of the warrant and the date on which and the time at which it was signed; and

 (c) forward a copy of the warrant to the applicant.

 (3) If a search warrant is issued on an application made by telephone or other electronic means:

 (a) the Commissioner, or an authorised member under subsection 36(2), must:

 (i) complete a form of warrant in the terms indicated by an eligible Judge under subsection (2) of this section; and

 (ii) give or transmit the form of warrant to the eligible Judge; and

 (b) the eligible Judge must attach the form of warrant completed by the Commissioner or authorised member under subparagraph (a)(i) to the warrant completed by the eligible Judge.

 (4) A form of warrant completed in accordance with subsection (3) of this section is taken to be a warrant issued under section 36.