76ADApplications for digital evidence access orders by email or other electronic means

#### 76AD Applications for digital evidence access orders by email or other electronic means 76AD Applications for digital evidence access orders by email or other electronic means > > (1) An application for a digital evidence access order may be made— > > > > > (a) by email, or > > > > > (b) in another way prescribed by the regulations for this section. > > > (2) An application for a digital evidence access order made under this section must be in the form prescribed by the regulations. > > > (3) An eligible issuing officer must not issue a digital evidence access order under this section unless the information given by the applicant in or in connection with the application is verified— > > > > > (a) before the eligible issuing officer on oath or affirmation, or > > > > > (b) by affidavit. > > > (4) An eligible issuing officer may administer an oath or affirmation or take an affidavit for the purposes of an application for a digital evidence access order. > > > (5) The requirement under subsection (2) for information to be verified before an eligible issuing officer is taken to be satisfied if— > > > > > (a) the applicant appears before the eligible issuing officer by audio visual link or telephone, and > > > > > (b) the eligible issuing officer administers the oath or affirmation by the same means. > > > (6) If the eligible issuing officer issues the order on an application made under this section, the eligible issuing officer may— > > > > > (a) email the signed warrant to the applicant, or > > > > > (b) provide the signed warrant to the applicant in any way prescribed by the regulations. > > **s 76AD:** Ins 2022 No 47, Sch 1\[5\].