sec.37Special warrants

sec.37 Special warrants

An authorised officer may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the authorised officer considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the authorised officer’s remote location. Before applying for the special warrant, the authorised officer must prepare an application stating the grounds on which the warrant is sought. The authorised officer may apply for the warrant before the application is sworn. After issuing the special warrant, the magistrate must immediately fax a copy to the authorised officer if it is reasonably practicable to fax the copy. If it is not reasonably practicable to fax a copy to the authorised officer— the magistrate must tell the authorised officer— what the terms of the warrant are; and the date and time the warrant is issued; and the authorised officer must complete a form of warrant (a warrant form ) and write on it— the magistrate’s name; and the date and time the magistrate issued the warrant; and the terms of the special warrant. The facsimile warrant, or the warrant form properly completed by the authorised officer, authorises the entry and the exercise of the other powers stated in the warrant issued by the magistrate. The authorised officer must, at the first reasonable opportunity, send to the magistrate— the sworn application; and if the authorised officer completed a warrant form—the completed warrant form. On receiving the documents, the magistrate must attach them to the warrant. A court must find the exercise of the power by an authorised officer was not authorised by a special warrant if— an issue arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant; and the warrant is not produced in evidence; and it is not proved by the person relying on the lawfulness of the entry that the authorised officer obtained the warrant. (sec.37-ssec.1) An authorised officer may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the authorised officer considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the authorised officer’s remote location. (sec.37-ssec.2) Before applying for the special warrant, the authorised officer must prepare an application stating the grounds on which the warrant is sought. (sec.37-ssec.3) The authorised officer may apply for the warrant before the application is sworn. (sec.37-ssec.4) After issuing the special warrant, the magistrate must immediately fax a copy to the authorised officer if it is reasonably practicable to fax the copy. (sec.37-ssec.5) If it is not reasonably practicable to fax a copy to the authorised officer— the magistrate must tell the authorised officer— what the terms of the warrant are; and the date and time the warrant is issued; and the authorised officer must complete a form of warrant (a warrant form ) and write on it— the magistrate’s name; and the date and time the magistrate issued the warrant; and the terms of the special warrant. (sec.37-ssec.6) The facsimile warrant, or the warrant form properly completed by the authorised officer, authorises the entry and the exercise of the other powers stated in the warrant issued by the magistrate. (sec.37-ssec.7) The authorised officer must, at the first reasonable opportunity, send to the magistrate— the sworn application; and if the authorised officer completed a warrant form—the completed warrant form. (sec.37-ssec.8) On receiving the documents, the magistrate must attach them to the warrant. (sec.37-ssec.9) A court must find the exercise of the power by an authorised officer was not authorised by a special warrant if— an issue arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant; and the warrant is not produced in evidence; and it is not proved by the person relying on the lawfulness of the entry that the authorised officer obtained the warrant.