346Warrants—application made other than in person

346 Warrants—application made other than in person (1) A conservation officer may apply for a warrant by phone, fax, email, radio or other form of communication if the conservation officer considers it necessary because of— (a) urgent circumstances; or (b) other special circumstances. (2) Before applying for the warrant, the conservation officer must prepare an application stating the grounds on which the warrant is sought. (3) The conservation officer may apply for the warrant before the application is sworn. (4) After issuing the warrant, the magistrate must immediately provide a written copy to the conservation officer if it is practicable to do so. (5) If it is not practicable to provide a written copy to the conservation officer— (a) the magistrate must tell the conservation officer— (i) the terms of the warrant; and (ii) the date and time the warrant was issued; and (b) the conservation officer 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. (6) The written copy of the warrant, or the warrant form properly completed by the conservation officer, authorises the entry and the exercise of the conservation officer’s powers under this part.

Search warrants Division 14.2.3 (7) The conservation officer must, at the first reasonable opportunity, send to the magistrate— (a) the sworn application; and (b) if the conservation officer completed a warrant form—the completed warrant form. (8) On receiving the documents, the magistrate must attach them to the warrant. (9) A court must find that a power exercised by the conservation officer 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.