174Offence-related warrants by telephone, fax etc

174 Offence-related warrants by telephone, fax etc (1) If, in an urgent case, an inspector considers it necessary to do so, the inspector may apply to a magistrate by telephone, fax or other electronic means for a warrant under section 173 for premises. (2) The magistrate may require communication by voice to the extent that it is practicable in the circumstances. (3) Before applying for the warrant, the inspector must prepare an affidavit in relation to the premises stating the grounds on which the warrant is sought. (4) If it is necessary to do so, the inspector may apply for the warrant before the affidavit is sworn.

(5) If the magistrate is satisfied— (a) after having considered the terms of the affidavit; and (b) after having received the further information (if any) that the magistrate requires about the grounds on which the issue of the warrant is being sought; that there are reasonable grounds for issuing the warrant, the magistrate may complete and sign the same warrant that the magistrate would issue under section 173 if the application had been made under that section. (6) If the magistrate completes and signs the warrant— (a) the magistrate must— (i) tell the inspector what the terms of the warrant are; and (ii) tell the inspector the date and time the warrant was signed; and (iii) tell the inspector the day (not later than 1 week after the magistrate completes and signs the warrant) the warrant ceases to have effect; and (iv) record on the warrant the reasons for issuing the warrant; and (b) the inspector must— (i) complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and (ii) write on the form the name of the magistrate and the day and time the warrant was signed. (7) The inspector must also, not later than the day after the day of expiry or execution of the warrant, whichever is the earlier, send to the magistrate— (a) the form of warrant completed by the inspector; and

(b) the affidavit mentioned in subsection (3), which must have been properly sworn. (8) When the magistrate receives the documents mentioned in subsection (7), the magistrate must— (a) attach them to the warrant that the magistrate completed and signed; and (b) deal with them how the magistrate would have dealt with the affidavit if the application had been made under section 173. (9) A form of warrant completed under subsection (6) is authority for any entry, search, seizure or other exercise of a power that the warrant signed by the magistrate authorises. (10) If— (a) it is material, in a proceeding, for a court to be satisfied that an exercise of a power was authorised by this section; and (b) the warrant signed by the magistrate authorising the exercise of the power is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power. (11) A reference in this part to a warrant under section 173 includes a reference to a warrant signed by a magistrate under this section.