58Warrants—application made other than in person

58 Warrants—application made other than in person (1) A fisheries 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 officer must prepare an application stating the grounds on which the warrant is sought. (3) The officer 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 officer if it is reasonably practicable to do so. (5) If it is not reasonably practicable to provide a written copy to the officer— (a) the magistrate must— (i) tell the officer what the terms of the warrant are; and (ii) tell the officer the date and time the warrant was issued; and (b) the officer must complete a form of warrant (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 officer, has the same effect as a warrant issued under section 57. (7) The officer must, at the first reasonable opportunity, send 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) Subsection (10) applies to a court if— (a) a question arises, in a proceeding in or before the court, whether a power exercised by a fisheries officer was not authorised by a warrant issued under this section; and (b) the warrant is not produced in evidence. (10) The court must presume that the exercise of a power was not authorised by a warrant issued under this section, unless the contrary is proved.