NSWIn ForceAct
Law Enforcement (Powers and Responsibilities) Act 2002
60AApplications for warrants by email
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#### 60A Applications for warrants by email
60A Applications for warrants by email
> > (1) Despite the requirement under section 60(1) that an application for a warrant be made in person, a person may apply for a warrant—
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> > > (a) by email, or
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> > > (b) in another way prescribed by the regulations for the purposes of this section.
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> > (2) The eligible issuing officer must not issue the warrant unless the information given by the applicant in, or in relation to, the application is verified—
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> > > (a) before the eligible issuing officer on oath or affirmation, or
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> > > (b) by affidavit.
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> > (3) The requirement under subsection (2) for information to be verified before an eligible issuing officer is taken to be satisfied if—
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> > > (a) the applicant appears before the issuing officer by audio visual link or telephone, and
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> > > (b) the issuing officer administers the oath or affirmation by the same means.
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> > (4) If the eligible issuing officer issues the warrant on an application made by email, the issuing officer may—
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> > > (a) email the signed warrant to the applicant, and
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> > > (b) email the signed occupier’s notice to the applicant.
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> > (5) If the eligible issuing officer emails the signed warrant or signed occupier’s notice to the applicant, a person executing the warrant may—
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> > > (a) for the purposes of section 67—serve a copy of the signed occupier’s notice produced by the email transmission, and
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> > > (b) for the purposes of section 69—produce a copy of the signed warrant produced by the email transmission.
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> > (6) This section does not apply to telephone warrants.
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> > (7) Despite section 59(2) and (3)—
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> > > (a) this section does not apply to notices to produce documents issued under Division 3, and
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> > > (b) subsections (4) and (5), to the extent that the subsections require or provide for occupier’s notices, do not apply to warrants issued under Part 6 or Part 11, Division 2.
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> > (8) Subsections (2)–(5) apply to detention warrants issued under Part 9.
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> > (9) (Repealed)
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> **s 60A:** Ins 2021 No 46, Sch 1.3\[4\]. Am 2023 No 39, Sch 4.