sec.79Warrants—applications made otherwise than in person

### sec.79 Warrants—applications made otherwise than in person An authorised officer may apply for a warrant by phone, fax, radio or another form of communication if the officer considers it necessary because of urgent circumstances or other special circumstances, including, for example, the officer’s remote location. Before applying for the warrant, the authorised officer must prepare an application stating the grounds on which the warrant is sought. The authorised officer may apply for the warrant before the application is sworn. After issuing the warrant, the magistrate must immediately fax a copy to the authorised officer 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 officer— the magistrate must— record on the warrant the reasons for issuing the warrant; and tell the authorised officer the date and time the warrant was signed; and tell the authorised officer the warrant’s terms; and the authorised officer 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 officer, authorises the entry and the exercise of the other powers mentioned in the warrant issued by the magistrate. The authorised officer must, at the first reasonable opportunity, send to the magistrate— the sworn application; and if a warrant form was completed by the authorised officer—the completed warrant form. On receiving the documents, the magistrate must attach them to the warrant. Unless the contrary is proven, a court must presume a power exercised by an authorised officer 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.79-ssec.1) An authorised officer may apply for a warrant by phone, fax, radio or another form of communication if the officer considers it necessary because of urgent circumstances or other special circumstances, including, for example, the officer’s remote location. (sec.79-ssec.2) Before applying for the warrant, the authorised officer must prepare an application stating the grounds on which the warrant is sought. (sec.79-ssec.3) The authorised officer may apply for the warrant before the application is sworn. (sec.79-ssec.4) After issuing the warrant, the magistrate must immediately fax a copy to the authorised officer if it is reasonably practicable to fax the copy. (sec.79-ssec.5) If it is not reasonably practicable to fax a copy of the warrant to the authorised officer— the magistrate must— record on the warrant the reasons for issuing the warrant; and tell the authorised officer the date and time the warrant was signed; and tell the authorised officer the warrant’s terms; and the authorised officer 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.79-ssec.6) The facsimile warrant, or the warrant form properly completed by the authorised officer, authorises the entry and the exercise of the other powers mentioned in the warrant issued by the magistrate. (sec.79-ssec.7) The authorised officer must, at the first reasonable opportunity, send to the magistrate— the sworn application; and if a warrant form was completed by the authorised officer—the completed warrant form. (sec.79-ssec.8) On receiving the documents, the magistrate must attach them to the warrant. (sec.79-ssec.9) Unless the contrary is proven, a court must presume a power exercised by an authorised officer 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 officer the date and time the warrant was signed; and (iii) tell the authorised officer the warrant’s terms; and - (i) record on the warrant the reasons for issuing the warrant; and - (ii) tell the authorised officer the date and time the warrant was signed; and - (iii) tell the authorised officer the warrant’s terms; and - (b) the authorised officer 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 officer the date and time the warrant was signed; and - (iii) tell the authorised officer 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 officer—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.