CRIMES ACT 1914

Part IAA - Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)  

Division 2 - Search warrants  

SECTION 3R   Warrants by telephone or other electronic means  

(1)  


A constable may make an application to an issuing officer for a warrant by telephone, telex, fax or other electronic means:


(a) in an urgent case; or


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

(2)  


The issuing officer:


(a) may require communication by voice to the extent that it is practicable in the circumstances; and


(b) may make a recording of the whole or any part of any such communication by voice.

(3)  
An application under this section must include all information required to be provided in an ordinary application for a warrant, but the application may, if necessary, be made before the information is sworn.

(4)  
If an application is made to an issuing officer under this section and the issuing officer, after considering the information and having received and considered such further information (if any) as the issuing officer required, is satisfied that:


(a) a 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;

the issuing officer may complete and sign the same form of warrant that would be issued under section 3E .

(5)  


If the issuing officer decides to issue the warrant, the issuing officer is to inform the applicant, by telephone, telex, fax or other electronic means, of the terms of the warrant and the day on which and the time at which it was signed.

(6)  
The applicant must then complete a form of warrant in terms substantially corresponding to those given by the issuing officer, stating on the form the name of the issuing officer and the day on which and the time at which the warrant was signed.

(7)  
The applicant must, not later than the day after the day of expiry of the warrant or the day after the day on which the warrant was executed, whichever is the earlier, give or transmit to the issuing officer the form of warrant completed by the applicant and, if the information referred to in subsection (3) was not sworn, that information duly sworn.

(8)  
The issuing officer is to attach to the documents provided under subsection (7) the form of warrant completed by the issuing officer.

(9)  
If:


(a) it is material, in any proceedings, for a court to be satisfied that the exercise of a power under a warrant issued under this section was duly authorised; and


(b) the form of warrant signed by the issuing officer is not produced in evidence;

the court is to assume, unless the contrary is proved, that the exercise of the power was not duly authorised.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.