sec.522Electronic application

### sec.522 Electronic application An application under section 521 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised person reasonably considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the authorised person’s remote location. The application— may not be made before the authorised person prepares a written application under section 521 (2) ; but may be made before the application is sworn. The magistrate may issue the search warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under this section; and the way the application was made was appropriate. After the magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or otherwise— the magistrate must tell the authorised person the information mentioned in section 521 (5) ; and the authorised person must complete a form of warrant, including by writing on it the information mentioned in section 521 (5) provided by the magistrate. The copy of the original warrant mentioned in subsection (4) (a) , or the form of warrant completed under subsection (4) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant. The authorised person must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 521 (2) ; and if the authorised person completed a form of warrant under subsection (4) (b) —the completed form of warrant. The magistrate must keep the original warrant and, on receiving the documents under subsection (6) — attach the documents to the original warrant; and give the original warrant and documents to the clerk of the court of the Magistrates Court. Despite subsection (5) , if— an issue arises in a proceeding about whether an exercise of a power was authorised by a search warrant issued under this section; and the original warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a search warrant authorised the exercise of the power. This section does not limit section 521 . s 522 sub 2013 No. 52 s 94 (sec.522-ssec.1) An application under section 521 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised person reasonably considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the authorised person’s remote location. (sec.522-ssec.2) The application— may not be made before the authorised person prepares a written application under section 521 (2) ; but may be made before the application is sworn. (sec.522-ssec.3) The magistrate may issue the search warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under this section; and the way the application was made was appropriate. (sec.522-ssec.4) After the magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or otherwise— the magistrate must tell the authorised person the information mentioned in section 521 (5) ; and the authorised person must complete a form of warrant, including by writing on it the information mentioned in section 521 (5) provided by the magistrate. (sec.522-ssec.5) The copy of the original warrant mentioned in subsection (4) (a) , or the form of warrant completed under subsection (4) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant. (sec.522-ssec.6) The authorised person must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 521 (2) ; and if the authorised person completed a form of warrant under subsection (4) (b) —the completed form of warrant. (sec.522-ssec.7) The magistrate must keep the original warrant and, on receiving the documents under subsection (6) — attach the documents to the original warrant; and give the original warrant and documents to the clerk of the court of the Magistrates Court. (sec.522-ssec.8) Despite subsection (5) , if— an issue arises in a proceeding about whether an exercise of a power was authorised by a search warrant issued under this section; and the original warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a search warrant authorised the exercise of the power. (sec.522-ssec.9) This section does not limit section 521 . - (a) urgent circumstances; or - (b) other special circumstances, including, for example, the authorised person’s remote location. - (a) may not be made before the authorised person prepares a written application under section 521 (2) ; but - (b) may be made before the application is sworn. - (a) it was necessary to make the application under this section; and - (b) the way the application was made was appropriate. - (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or - (b) otherwise— (i) the magistrate must tell the authorised person the information mentioned in section 521 (5) ; and (ii) the authorised person must complete a form of warrant, including by writing on it the information mentioned in section 521 (5) provided by the magistrate. - (i) the magistrate must tell the authorised person the information mentioned in section 521 (5) ; and - (ii) the authorised person must complete a form of warrant, including by writing on it the information mentioned in section 521 (5) provided by the magistrate. - (i) the magistrate must tell the authorised person the information mentioned in section 521 (5) ; and - (ii) the authorised person must complete a form of warrant, including by writing on it the information mentioned in section 521 (5) provided by the magistrate. - (a) the written application complying with section 521 (2) ; and - (b) if the authorised person completed a form of warrant under subsection (4) (b) —the completed form of warrant. - (a) attach the documents to the original warrant; and - (b) give the original warrant and documents to the clerk of the court of the Magistrates Court. - (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a search warrant issued under this section; and - (b) the original warrant is not produced in evidence;