111Application by telephone etc. and issue of warrant

#### 111 Application by telephone etc. and issue of warrant (1) An authorised officer may apply to an issuing officer for a search warrant by telephone, fax, email or other electronic means: (a) in an urgent case; or (b) if the delay that would occur if an application were made in person would frustrate the effective execution of the warrant. (2) The issuing officer: (a) may require communication by voice to the extent that is practicable in the circumstances; and (b) may make a recording of the whole or any part of any such communication by voice. (3) An application under this section must include all information that is required in an ordinary application for a search warrant, but the application may, if necessary, be made before the information is sworn or affirmed. (4) If an application is made under this section: (a) sections 108 and 109 apply as if subsections 108(1), (2), (3) and (4) and 109(1), (2), (3) and (4) referred to 48 hours rather than 72 hours; and (b) section 110 applies as if subsection 110(2) referred to the end of the 48th hour rather than the end of the seventh day. (5) If an application is made to an issuing officer under this section and the issuing officer, after considering the information and having received and considered such further information (if any) as the issuing officer required, is satisfied that: (a) a search warrant in the terms of the application should be issued urgently; or (b) the delay that would occur if an application were made in person would frustrate the effective execution of the warrant; the issuing officer may complete and sign the same form of search warrant that would be issued under section 109. (6) If the issuing officer decides to issue the search warrant, the issuing officer is to inform the applicant, by telephone, fax, email or other electronic means, of the terms of the warrant and the day on which and the time at which it was signed. (7) The applicant must then complete a form of search warrant in terms substantially corresponding to those given by the issuing officer, stating on the form the name of the issuing officer and the day on which and the time at which the warrant was signed. (8) The applicant must give or transmit to the issuing officer: (a) the form of search warrant completed by the applicant; and (b) if the information referred to in subsection (3) was not sworn or affirmed—that information duly sworn or affirmed. (9) The applicant must do so not later than the day after the warrant expires or the day after the day on which the search warrant was executed, whichever is the earlier. (10) The issuing officer is to attach to the documents provided under subsection (8) the form of search warrant he or she has completed. (11) If: (a) it is material, in any proceedings, for a court to be satisfied that the exercise of a power under a search warrant issued under this section was duly authorised; and (b) the form of search warrant signed by the issuing officer is not produced in evidence; the court is to assume, unless the contrary is proved, that the exercise of the power was not duly authorised. (12) In this section: > applicant means the authorised officer who applied for the search warrant.