sec.390VAdditional procedure if electronic application

### sec.390V Additional procedure if electronic application For an application made under section 390U , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under section 390U ; and the way the application was made under section 390U was appropriate. After the magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or otherwise— the magistrate must tell the authorised officer the information mentioned in section 390T (2) ; and the authorised officer must complete a form of warrant, including by writing on it the information mentioned in section 390T (2) provided by the magistrate. The copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (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 magistrate— the written application complying with section 390S (2) and (3) ; and if the authorised officer completed a form of warrant under subsection (2) (b) , the completed form of warrant. Despite subsection (3) , 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 390S . s 390V ins 2019 No. 7 s 203 (sec.390V-ssec.1) For an application made under section 390U , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under section 390U ; and the way the application was made under section 390U was appropriate. (sec.390V-ssec.2) After the magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or otherwise— the magistrate must tell the authorised officer the information mentioned in section 390T (2) ; and the authorised officer must complete a form of warrant, including by writing on it the information mentioned in section 390T (2) provided by the magistrate. (sec.390V-ssec.3) The copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant. (sec.390V-ssec.4) The authorised officer must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 390S (2) and (3) ; and if the authorised officer completed a form of warrant under subsection (2) (b) , the completed form of warrant. (sec.390V-ssec.5) Despite subsection (3) , 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.390V-ssec.6) This section does not limit section 390S . - (a) it was necessary to make the application under section 390U ; and - (b) the way the application was made under section 390U was appropriate. - (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or - (b) otherwise— (i) the magistrate must tell the authorised officer the information mentioned in section 390T (2) ; and (ii) the authorised officer must complete a form of warrant, including by writing on it the information mentioned in section 390T (2) provided by the magistrate. - (i) the magistrate must tell the authorised officer the information mentioned in section 390T (2) ; and - (ii) the authorised officer must complete a form of warrant, including by writing on it the information mentioned in section 390T (2) provided by the magistrate. - (i) the magistrate must tell the authorised officer the information mentioned in section 390T (2) ; and - (ii) the authorised officer must complete a form of warrant, including by writing on it the information mentioned in section 390T (2) provided by the magistrate. - (a) the written application complying with section 390S (2) and (3) ; and - (b) if the authorised officer completed a form of warrant under subsection (2) (b) , the completed form of warrant. - (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and - (b) the original warrant is not produced in evidence;