80Warrant issued on remote application

80 Warrant issued on remote application (1) A magistrate may issue a warrant on a remote application by— (a) immediately giving a written copy of the warrant to the authorised person if it is practicable to do so; or (b) if it is not practicable to do so—tell the authorised person the (i) the warrant terms;

(ii) the date and time the warrant is issued. (2) If the magistrate issues a warrant under subsection (1) (b), the authorised person must complete a form of warrant (the warrant form) stating— (a) the magistrate’s name; and (b) the date and time the magistrate issued the warrant; and (c) the warrant terms. (3) The written 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 this part. (4) The authorised person must, as soon as is reasonably practicable— (a) swear the remote application; and (b) give the magistrate— (i) the sworn application; and (ii) if the authorised person completed a warrant form—the warrant form. (5) On receiving the documents mentioned in subsection (4) (b), 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) a question arises in a proceeding before the court whether the exercise of the 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 the power was authorised by a warrant under this section.

Warrants Division 6.5