sec.442Warrants—applications made other than in person

### sec.442 Warrants—applications made other than in person An authorised person may apply for a 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 warrant, the authorised person must prepare an application stating the grounds on which the warrant is sought. The authorised person may apply for the warrant before the application is sworn. After issuing a warrant, the magistrate must immediately fax a copy (the 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 of the warrant to the authorised person— the magistrate must— record on the warrant the reasons for issuing the warrant; and tell the authorised person the date and time the warrant was signed; and tell the authorised person the warrant’s terms; and the authorised person must write on a form of warrant (the warrant form )— the magistrate’s name; and the date and time the magistrate signed the warrant; and the warrant’s terms. The facsimile warrant, or the warrant form properly completed by the authorised person, authorises the entry and the exercise of the other powers mentioned in the warrant issued by the magistrate. The authorised person must, at the first reasonable opportunity, send to the magistrate— the sworn application; and if a warrant form was completed by the authorised person—the completed warrant form. On receiving the documents, the magistrate must attach them to the warrant. Unless the contrary is proved, a court must presume a power exercised by an authorised person was not authorised by a warrant issued under this section if— a question arises, in a proceeding before the court, whether the exercise of power was authorised by a warrant; and the warrant is not produced in evidence. (sec.442-ssec.1) An authorised person may apply for a 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.442-ssec.2) Before applying for the warrant, the authorised person must prepare an application stating the grounds on which the warrant is sought. (sec.442-ssec.3) The authorised person may apply for the warrant before the application is sworn. (sec.442-ssec.4) After issuing a warrant, the magistrate must immediately fax a copy (the facsimile warrant ) to the authorised person if it is reasonably practicable to fax the copy. (sec.442-ssec.5) If it is not reasonably practicable to fax a copy of the warrant to the authorised person— the magistrate must— record on the warrant the reasons for issuing the warrant; and tell the authorised person the date and time the warrant was signed; and tell the authorised person the warrant’s terms; and the authorised person must write on a form of warrant (the warrant form )— the magistrate’s name; and the date and time the magistrate signed the warrant; and the warrant’s terms. (sec.442-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 mentioned in the warrant issued by the magistrate. (sec.442-ssec.7) The authorised person must, at the first reasonable opportunity, send to the magistrate— the sworn application; and if a warrant form was completed by the authorised person—the completed warrant form. (sec.442-ssec.8) On receiving the documents, the magistrate must attach them to the warrant. (sec.442-ssec.9) Unless the contrary is proved, a court must presume a power exercised by an authorised person was not authorised by a warrant issued under this section if— a question arises, in a proceeding before the court, whether the exercise of power was authorised by a warrant; and the warrant is not produced in evidence. - (a) the magistrate must— (i) record on the warrant the reasons for issuing the warrant; and (ii) tell the authorised person the date and time the warrant was signed; and (iii) tell the authorised person the warrant’s terms; and - (i) record on the warrant the reasons for issuing the warrant; and - (ii) tell the authorised person the date and time the warrant was signed; and - (iii) tell the authorised person the warrant’s terms; and - (b) the authorised person must write on a form of warrant (the warrant form )— (i) the magistrate’s name; and (ii) the date and time the magistrate signed the warrant; and (iii) the warrant’s terms. - (i) the magistrate’s name; and - (ii) the date and time the magistrate signed the warrant; and - (iii) the warrant’s terms. - (i) record on the warrant the reasons for issuing the warrant; and - (ii) tell the authorised person the date and time the warrant was signed; and - (iii) tell the authorised person the warrant’s terms; and - (i) the magistrate’s name; and - (ii) the date and time the magistrate signed the warrant; and - (iii) the warrant’s terms. - (a) the sworn application; and - (b) if a warrant form was completed by the authorised person—the completed warrant form. - (a) a question arises, in a proceeding before the court, whether the exercise of power was authorised by a warrant; and - (b) the warrant is not produced in evidence.