sec.97Special warrants

sec.97 Special warrants

An authorised person may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the authorised person considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the authorised person’s remote location. Before applying for the special warrant, the authorised person must prepare an application stating the grounds on which the warrant is sought. The authorised person may apply for the special warrant before the application is sworn. After issuing the special warrant, the magistrate must promptly fax a copy (a facsimile warrant ) to the authorised person if it is reasonably practicable to fax the copy. If it is not reasonably practicable to fax a copy to the authorised person— the magistrate must tell the authorised person— what the terms of the special warrant are; and the date and time the special warrant is issued; and the authorised person must complete a form of warrant (a warrant form ) and write on it— the magistrate’s name; and the date and time the magistrate issued the special warrant; and the terms of the special warrant. The facsimile warrant, or the warrant form properly completed by the authorised person, authorises the entry and the exercise of the other powers stated in the special warrant issued. The authorised person must, at the first reasonable opportunity, send to the magistrate— the sworn application; and if the authorised person completed a warrant form—the completed warrant form. On receiving the documents, the magistrate must attach them to the special warrant. A court must find the exercise of the power by an authorised person was not authorised by a special warrant if— an issue arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant mentioned in subsection (1) ; and the special warrant is not produced in evidence; and it is not proved by the person relying on the lawfulness of the entry that the authorised person obtained the special warrant. (sec.97-ssec.1) An authorised person may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the authorised person considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the authorised person’s remote location. (sec.97-ssec.2) Before applying for the special warrant, the authorised person must prepare an application stating the grounds on which the warrant is sought. (sec.97-ssec.3) The authorised person may apply for the special warrant before the application is sworn. (sec.97-ssec.4) After issuing the special warrant, the magistrate must promptly fax a copy (a facsimile warrant ) to the authorised person if it is reasonably practicable to fax the copy. (sec.97-ssec.5) If it is not reasonably practicable to fax a copy to the authorised person— the magistrate must tell the authorised person— what the terms of the special warrant are; and the date and time the special warrant is issued; and the authorised person must complete a form of warrant (a warrant form ) and write on it— the magistrate’s name; and the date and time the magistrate issued the special warrant; and the terms of the special warrant. (sec.97-ssec.6) The facsimile warrant, or the warrant form properly completed by the authorised person, authorises the entry and the exercise of the other powers stated in the special warrant issued. (sec.97-ssec.7) The authorised person must, at the first reasonable opportunity, send to the magistrate— the sworn application; and if the authorised person completed a warrant form—the completed warrant form. (sec.97-ssec.8) On receiving the documents, the magistrate must attach them to the special warrant. (sec.97-ssec.9) A court must find the exercise of the power by an authorised person was not authorised by a special warrant if— an issue arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant mentioned in subsection (1) ; and the special warrant is not produced in evidence; and it is not proved by the person relying on the lawfulness of the entry that the authorised person obtained the special warrant.