Customs Act 1901

PART XII - OFFICERS  

Division 1 - Powers of officers  

Subdivision E - Provisions applicable both to search and seizure warrants  

SECTION 203M   WARRANTS BY TELEPHONE OR OTHER ELECTRONIC MEANS  

203M(1)  


An authorised person may apply to a judicial officer for a search warrant or for a seizure 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.

203M(2)  


The judicial 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.

203M(3)  
An application under this section must include all information required to be provided in an ordinary application for a search warrant or for a seizure warrant, but the application may, if necessary, be made before the information is sworn.

203M(4)  


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


(a) a search warrant or a seizure 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 judicial officer may complete and sign the same form of warrant that would be issued under section 198 , 199A , 203 or 203DA .

203M(5)  


If the judicial officer decides to issue the warrant, the judicial 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.

203M(6)  
The applicant must then complete a form of warrant in terms substantially corresponding to those given by the judicial officer, stating on the form the name of the judicial officer and the day on which and the time at which the warrant was signed.

203M(7)  
The applicant must, not later than the day after:


(a) the day of expiry of the warrant; or


(b) the day on which the warrant was executed;

whichever is the earlier, give or transmit to the judicial 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.

203M(8)  
The judicial officer must:


(a) attach to the documents provided under subsection (7) the form of warrant signed by the judicial officer; and


(b) give or transmit to the applicant the attached documents.

203M(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 judicial 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.


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.