212Warrants—application made other than in person

212 Warrants—application made other than in person (1) A police officer may apply for a warrant by phone, fax, radio or other form of communication if the officer considers it necessary because of— (a) urgent circumstances; or (b) other special circumstances. (2) Before applying for the warrant, the police officer must prepare an application stating the grounds on which the warrant is sought. (3) The police officer may apply for the warrant before the application is sworn. (4) If the magistrate issues the warrant, the magistrate must immediately provide a written copy to the police officer if it is practicable to do so. (5) If it is not practicable to provide a written copy to the police officer— (a) the magistrate must tell the officer— (i) the date and time the warrant was issued; and (ii) the warrant’s terms; and (b) the police officer must complete a form of warrant (the warrant form) and write on it— (i) the magistrate’s name; and (ii) the date and time the magistrate issued the warrant; and (iii) the warrant’s terms. (6) The written copy of the warrant, or the warrant form properly completed by the police officer, authorises the entry and exercise of the officer’s powers under the warrant. (7) The police officer must, at the first reasonable opportunity, send to the magistrate— (a) the sworn application; and (b) if the officer completed a warrant form—the completed warrant form. (8) On receiving the documents, the magistrate must attach them to the warrant. (9) A court must find that a power exercised by a police officer was not authorised by a warrant under this section if— (a) the question arises in a proceeding in 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. Search warrants Division 14.3