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Police Powers and Responsibilities Act 2000
sec.801Steps after issue of prescribed authority
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### sec.801 Steps after issue of prescribed authority
After issuing the prescribed authority, the issuer must—
if it is reasonably practicable to give a copy of the prescribed authority to the police officer or law enforcement officer by electronic communication—immediately give the copy to the police officer or law enforcement officer by electronic communication; and
for a prescribed authority issued on a remote application made under chapter 13 —immediately record the details mentioned in subsection (2) (a) (i) and (ii) in a register kept by the issuer for the purpose.
If it is not reasonably practicable to give a copy of the prescribed authority to the police officer or law enforcement officer by electronic communication—
the issuer must tell the police officer or law enforcement officer—
what the terms of the prescribed authority are; and
the day and time the prescribed authority was issued; and
the police officer or law enforcement officer must complete a form of prescribed authority (a prescribed authority form ) and write on it—
the issuer’s name; and
the day and time the issuer issued the prescribed authority; and
the terms of the prescribed authority.
To remove doubt, it is declared that the copy of the prescribed authority given under subsection (1) (a) , or the prescribed authority form properly completed by the police officer or law enforcement officer—
is, and is taken always to have been, of the same effect as the prescribed authority signed by the issuer; and
authorises the entry and the exercise of the other powers stated in the prescribed authority issued by the issuer.
The police officer or law enforcement officer must send to the issuer—
if section 800 (4) applies in relation to the application for the prescribed authority—
for an application that is electronically sworn—a copy of the sworn application; or
otherwise—the sworn application; and
if the police officer or law enforcement officer completed it—the completed prescribed authority form.
The police officer or law enforcement officer must send the documents mentioned in subsection (4) to the issuer—
generally—at the first reasonable opportunity; or
for a remote application made under chapter 13 —within 72 hours.
On receiving the documents, the issuer must attach them to the prescribed authority.
In this section—
electronically sworn , in relation to an application for a prescribed authority, means the affidavit, that forms part of the application, is made and signed under the Oaths Act 1867 , section 16C (2) or 31F .
s 801 (prev s 364) renum 2000 No. 22 s 26
amd 2005 No. 45 s 25 ; 2022 No. 4 s 11
(sec.801-ssec.1) After issuing the prescribed authority, the issuer must— if it is reasonably practicable to give a copy of the prescribed authority to the police officer or law enforcement officer by electronic communication—immediately give the copy to the police officer or law enforcement officer by electronic communication; and for a prescribed authority issued on a remote application made under chapter 13 —immediately record the details mentioned in subsection (2) (a) (i) and (ii) in a register kept by the issuer for the purpose.
(sec.801-ssec.2) If it is not reasonably practicable to give a copy of the prescribed authority to the police officer or law enforcement officer by electronic communication— the issuer must tell the police officer or law enforcement officer— what the terms of the prescribed authority are; and the day and time the prescribed authority was issued; and the police officer or law enforcement officer must complete a form of prescribed authority (a prescribed authority form ) and write on it— the issuer’s name; and the day and time the issuer issued the prescribed authority; and the terms of the prescribed authority.
(sec.801-ssec.3) To remove doubt, it is declared that the copy of the prescribed authority given under subsection (1) (a) , or the prescribed authority form properly completed by the police officer or law enforcement officer— is, and is taken always to have been, of the same effect as the prescribed authority signed by the issuer; and authorises the entry and the exercise of the other powers stated in the prescribed authority issued by the issuer.
(sec.801-ssec.4) The police officer or law enforcement officer must send to the issuer— if section 800 (4) applies in relation to the application for the prescribed authority— for an application that is electronically sworn—a copy of the sworn application; or otherwise—the sworn application; and if the police officer or law enforcement officer completed it—the completed prescribed authority form.
(sec.801-ssec.5) The police officer or law enforcement officer must send the documents mentioned in subsection (4) to the issuer— generally—at the first reasonable opportunity; or for a remote application made under chapter 13 —within 72 hours.
(sec.801-ssec.6) On receiving the documents, the issuer must attach them to the prescribed authority.
(sec.801-ssec.7) In this section— electronically sworn , in relation to an application for a prescribed authority, means the affidavit, that forms part of the application, is made and signed under the Oaths Act 1867 , section 16C (2) or 31F .
- (a) if it is reasonably practicable to give a copy of the prescribed authority to the police officer or law enforcement officer by electronic communication—immediately give the copy to the police officer or law enforcement officer by electronic communication; and
- (b) for a prescribed authority issued on a remote application made under chapter 13 —immediately record the details mentioned in subsection (2) (a) (i) and (ii) in a register kept by the issuer for the purpose.
- (a) the issuer must tell the police officer or law enforcement officer— (i) what the terms of the prescribed authority are; and (ii) the day and time the prescribed authority was issued; and
- (i) what the terms of the prescribed authority are; and
- (ii) the day and time the prescribed authority was issued; and
- (b) the police officer or law enforcement officer must complete a form of prescribed authority (a prescribed authority form ) and write on it— (i) the issuer’s name; and (ii) the day and time the issuer issued the prescribed authority; and (iii) the terms of the prescribed authority.
- (i) the issuer’s name; and
- (ii) the day and time the issuer issued the prescribed authority; and
- (iii) the terms of the prescribed authority.
- (i) what the terms of the prescribed authority are; and
- (ii) the day and time the prescribed authority was issued; and
- (i) the issuer’s name; and
- (ii) the day and time the issuer issued the prescribed authority; and
- (iii) the terms of the prescribed authority.
- (a) is, and is taken always to have been, of the same effect as the prescribed authority signed by the issuer; and
- (b) authorises the entry and the exercise of the other powers stated in the prescribed authority issued by the issuer.
- (a) if section 800 (4) applies in relation to the application for the prescribed authority— (i) for an application that is electronically sworn—a copy of the sworn application; or (ii) otherwise—the sworn application; and
- (i) for an application that is electronically sworn—a copy of the sworn application; or
- (ii) otherwise—the sworn application; and
- (b) if the police officer or law enforcement officer completed it—the completed prescribed authority form.
- (i) for an application that is electronically sworn—a copy of the sworn application; or
- (ii) otherwise—the sworn application; and
- (a) generally—at the first reasonable opportunity; or
- (b) for a remote application made under chapter 13 —within 72 hours.