445Warrants—issue on application made other than in

445 Warrants—issue on application made other than in (1) If the magistrate issues the warrant, the magistrate must immediately do either of the following if it is practicable to do so: (a) fax a copy to the authorised person; (b) email a scanned copy to the authorised person.

(2) If it is not practicable to fax or email a copy to the authorised person— (a) the magistrate must tell the authorised person— (i) the date and time the warrant was issued; and (ii) the warrant’s terms; and (b) the authorised person must complete a form of warrant (the warrant form) and write on it— (i) the magistrate’s name; and (ii) the date and time the magistrate issued the warrant; and (iii) the warrant’s terms. (3) The faxed or emailed copy of the warrant, or the warrant form properly completed by the authorised person, authorises the entry and the exercise of the authorised person’s powers under the warrant. Note Authorised people have additional powers under this part (see s 440 and s 441). (4) The authorised person must, at the first reasonable opportunity, send to the magistrate— (a) the sworn application; and (b) if the officer completed a warrant form—the completed warrant form. (5) On receiving the documents, the magistrate must attach them to the warrant. (6) A court must find that a power exercised by an authorised person was not authorised by a warrant under this section if— (a) the question arises in a proceeding in the court whether the exercise of power was authorised by a warrant; and

(b) the warrant is not produced in evidence; and (c) it is not proved that the exercise of power was authorised by a warrant under this section.