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Terrorism (Emergency Powers) Act 2003
27FSpecial warrant
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27F Special warrant
(1) An authorised police officer may apply by telephone, fax, email or
other electronic communication for a covert search warrant.
(2) A Supreme Court Judge must not issue a covert search warrant on
an application under this section unless the Supreme Court Judge
is satisfied the warrant is required urgently and it is not practicable
for the application to be made in person.
(3) An application must be made by fax if the facilities to do so are
readily available for that purpose.
(4) If it is not practicable for an application for a covert search warrant
under this section to be made directly to a Supreme Court Judge,
the application may be sent to the Supreme Court Judge by another
police officer on behalf of the applicant.
(5) A Supreme Court Judge who issues a covert search warrant on an
application under this section must:
(a) complete and sign the warrant; and
(b) give the warrant to the police officer who made the application
or inform the officer of the terms of the warrant and of the date
when it was signed.
(6) If a covert search warrant is issued on an application made by
telephone and the applicant was not given the warrant, the
applicant must:
(a) complete a form of warrant in the terms indicated by the Judge
under subsection (5); and
(b) write on it the name of the Judge and the date when the
warrant was signed; and
(c) give the warrant to the Judge within 2 business days after the
issue of the warrant.
(7) A form of covert search warrant so completed is taken to be a
warrant issued under this Division.
Terrorism (Emergency Powers) Act 2003 69
(8) A covert search warrant must be given by a Supreme Court Judge
by fax if the facilities to do so are readily available, and the copy
produced is taken to be the original warrant.