sec.150BQAdditional procedure if electronic application

### sec.150BQ Additional procedure if electronic application For an application made under section 150BP , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under section 150BP ; and the way the application was made under section 150BP 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 investigator, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the investigator; or otherwise— the magistrate must tell the investigator the information mentioned in section 150BO (2) ; and the investigator must complete a form of warrant, including by writing on it the information mentioned in section 150BO (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 investigator must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 150BN (2) and (3) ; and if the investigator 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 150BN . s 150BQ ins 2018 No. 8 s 12 (sec.150BQ-ssec.1) For an application made under section 150BP , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under section 150BP ; and the way the application was made under section 150BP was appropriate. (sec.150BQ-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 investigator, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the investigator; or otherwise— the magistrate must tell the investigator the information mentioned in section 150BO (2) ; and the investigator must complete a form of warrant, including by writing on it the information mentioned in section 150BO (2) provided by the magistrate. (sec.150BQ-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.150BQ-ssec.4) The investigator must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 150BN (2) and (3) ; and if the investigator completed a form of warrant under subsection (2) (b) , the completed form of warrant. (sec.150BQ-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.150BQ-ssec.6) This section does not limit section 150BN . - (a) it was necessary to make the application under section 150BP ; and - (b) the way the application was made under section 150BP was appropriate. - (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the investigator, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the investigator; or - (b) otherwise— (i) the magistrate must tell the investigator the information mentioned in section 150BO (2) ; and (ii) the investigator must complete a form of warrant, including by writing on it the information mentioned in section 150BO (2) provided by the magistrate. - (i) the magistrate must tell the investigator the information mentioned in section 150BO (2) ; and - (ii) the investigator must complete a form of warrant, including by writing on it the information mentioned in section 150BO (2) provided by the magistrate. - (i) the magistrate must tell the investigator the information mentioned in section 150BO (2) ; and - (ii) the investigator must complete a form of warrant, including by writing on it the information mentioned in section 150BO (2) provided by the magistrate. - (a) the written application complying with section 150BN (2) and (3) ; and - (b) if the investigator 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;