sec.508Application by electronic communication and duplicate warrant

sec.508 Application by electronic communication and duplicate warrant

An application under section 506 may be made by radio, telephone, fax, email, video conferencing or another form of electronic communication if the authorised officer reasonably believes it necessary because of— urgent circumstances; or other special circumstances, including, for example, the officer’s remote location. The application— may not be made before the authorised officer prepares the written application under section 506 (2) ; but may be made before the written application is sworn. The authorised warrant official may issue the warrant (the original warrant ) only if the official is satisfied— it was necessary to make the application under subsection (1) ; and the way the application was made under subsection (1) was appropriate. After the authorised warrant official issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, for example, by sending a copy by fax or email, the official must immediately give a copy of the warrant to the officer; or otherwise— the official must tell the authorised officer the information mentioned in section 507 (2) ; and the authorised officer must complete a form of warrant, including by writing on it the information mentioned in section 507 (2) provided by the official. The copy of the warrant mentioned in subsection (4) (a) , or the form of warrant completed under subsection (4) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant. The authorised officer must, at the first reasonable opportunity, send to the authorised warrant official— the written application complying with section 506 (2) and (3) ; and if the officer completed a form of warrant under subsection (4) (b) —the completed form of warrant. The authorised warrant official must keep the original warrant and, on receiving the documents under subsection (6) — attach the documents to the original warrant; and file the original warrant and documents in the relevant court. Despite subsection (5) , if— an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and the original warrant 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. This section does not limit section 506 . (sec.508-ssec.1) An application under section 506 may be made by radio, telephone, fax, email, video conferencing or another form of electronic communication if the authorised officer reasonably believes it necessary because of— urgent circumstances; or other special circumstances, including, for example, the officer’s remote location. (sec.508-ssec.2) The application— may not be made before the authorised officer prepares the written application under section 506 (2) ; but may be made before the written application is sworn. (sec.508-ssec.3) The authorised warrant official may issue the warrant (the original warrant ) only if the official is satisfied— it was necessary to make the application under subsection (1) ; and the way the application was made under subsection (1) was appropriate. (sec.508-ssec.4) After the authorised warrant official issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, for example, by sending a copy by fax or email, the official must immediately give a copy of the warrant to the officer; or otherwise— the official must tell the authorised officer the information mentioned in section 507 (2) ; and the authorised officer must complete a form of warrant, including by writing on it the information mentioned in section 507 (2) provided by the official. (sec.508-ssec.5) The copy of the warrant mentioned in subsection (4) (a) , or the form of warrant completed under subsection (4) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant. (sec.508-ssec.6) The authorised officer must, at the first reasonable opportunity, send to the authorised warrant official— the written application complying with section 506 (2) and (3) ; and if the officer completed a form of warrant under subsection (4) (b) —the completed form of warrant. (sec.508-ssec.7) The authorised warrant official must keep the original warrant and, on receiving the documents under subsection (6) — attach the documents to the original warrant; and file the original warrant and documents in the relevant court. (sec.508-ssec.8) Despite subsection (5) , if— an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and the original warrant 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. (sec.508-ssec.9) This section does not limit section 506 .