sec.109Additional procedure if electronic application

sec.109 Additional procedure if electronic application

For an application made under section 108 , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under section 108 ; and the way the application was made under section 108 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 inspector, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the inspector; or otherwise— the magistrate must tell the inspector the information required to be stated in the warrant under section 107 (2) ; and the inspector must complete a form of warrant, including by writing on it the information mentioned in subparagraph (i) . 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 inspector must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 106 (2) and (3) ; and if the inspector 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 106 . (sec.109-ssec.1) For an application made under section 108 , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under section 108 ; and the way the application was made under section 108 was appropriate. (sec.109-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 inspector, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the inspector; or otherwise— the magistrate must tell the inspector the information required to be stated in the warrant under section 107 (2) ; and the inspector must complete a form of warrant, including by writing on it the information mentioned in subparagraph (i) . (sec.109-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.109-ssec.4) The inspector must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 106 (2) and (3) ; and if the inspector completed a form of warrant under subsection (2) (b) , the completed form of warrant. (sec.109-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.109-ssec.6) This section does not limit section 106 .