CRIMES ACT 1914

Part IAAA - Delayed notification search warrants  

Division 2 - Issue of delayed notification search warrants  

Subdivision B - Delayed notification search warrants by telephone, fax etc.  

SECTION 3ZZBG   Authority of delayed notification search warrant by telephone, fax etc.  

(1)  
A form of delayed notification search warrant duly completed under subsection 3ZZBF(7) is authority for the same powers as are authorised by the warrant signed by the eligible issuing officer under subsection 3ZZBF(5) .

(2)  
In any proceedings, a court is to assume (unless the contrary is proved) that an exercise of power was not authorised by a delayed notification search warrant under section 3ZZBF if:


(a) it is material, in those proceedings, for the court to be satisfied that the exercise of power was duly authorised by the warrant; and


(b) the delayed notification search warrant signed by the eligible issuing officer authorising the exercise of the power is not produced in evidence.




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