Proceeds of Crime Act 2002

CHAPTER 3 - INFORMATION GATHERING  

PART 3-5 - SEARCH AND SEIZURE  

Division 1 - Search warrants  

Subdivision B - Applying for search warrants by telephone or other electronic means  

SECTION 230   Issuing warrants by telephone etc.  

230(1)    
The magistrate may complete and sign the same form of * search warrant that would be issued under section 225 if satisfied that:

(a) a search warrant in the terms of the application should be issued urgently; or

(b) the delay that would occur if an application were made in person would frustrate the effective execution of the warrant.

230(2)    
If the magistrate issues the * search warrant, he or she must inform the applicant, by telephone, fax or other electronic means, of the terms of the warrant and the day on which and the time at which it was signed.

230(3)    
The applicant must then:

(a) complete a form of * search warrant in terms substantially corresponding to those given by the magistrate; and

(b) state on the form:

(i) the name of the magistrate; and

(ii) the day on which the warrant was signed; and

(iii) the time at which the warrant was signed.

230(4)    
The applicant must give the magistrate:

(a) the form of * search warrant completed by the applicant; and

(b) if the information was unsworn under paragraph 229(2)(b) - the sworn information;

by the end of the day after whichever first occurs:

(c) the warrant expires; or

(d) the warrant is executed.

230(5)    
The magistrate must attach the form of * search warrant completed by the magistrate to the documents provided under subsection (4).