42Warrants—application made other than in person

42 Warrants—application made other than in person (1) An investigator may apply for a warrant by phone, fax, email, radio or other form of communication if the investigator considers it necessary because of— (a) urgent circumstances; or (b) other special circumstances. (2) Before applying for the warrant, the investigator must prepare an application stating the grounds on which the warrant is sought. (3) The investigator 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 investigator if it is practicable to do so. (5) The written copy of the warrant authorises the entry and the exercise of the investigator’s powers under this division. (6) The investigator must, at the first reasonable opportunity, send to the magistrate the sworn application. (7) On receiving the sworn application, the magistrate must attach it to the warrant.

(8) A court must assume that a power exercised by an investigator was not authorised by a warrant under this section if— (a) the question arises in a proceeding before the court whether the 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.