Australian Capital Territory Current Acts

AUSTRALIAN CRIME COMMISSION (ACT) ACT 2003 - SECT 33

    (1)     If, because of circumstances of urgency, an eligible person considers it necessary to do so, the eligible person may make application by telephone for a warrant under section 32.

    (2)     Before making the application, the eligible person must prepare an affidavit setting out the grounds on which the issue of the warrant is being sought, but may, if it is necessary to do so, make the application before the affidavit has been sworn.

    (3)     If an issuing officer issues a warrant under section 32 on an application made by telephone, the officer must—

        (a)     complete and sign the warrant; and

        (b)     tell the eligible person who made the application of the terms of the warrant and the date and time it was signed; and

        (c)     record on the warrant the officer's reasons for issuing the warrant; and

        (d)     send a copy of the warrant to the CEO.

    (4)     If a warrant is issued under section 32 on an application made by telephone a member of the staff of the ACC or a police officer may complete a form of warrant in the terms indicated by the issuing officer under subsection (3) and, if a form of warrant is so completed, the member or officer must write on it the name of the issuing officer who issued the warrant and the date and time it was signed.

    (5)     If a person completes a form of warrant in accordance with subsection (4), the person must, not later than the day after the date of expiry of the warrant, send to the issuing officer who signed the warrant the form of warrant completed by the officer and the affidavit properly sworn in relation to the warrant.

    (6)     On receipt of the documents mentioned in subsection (5), the issuing officer must attach them to the warrant signed by the officer and deal with the documents in the way the officer would have dealt with the affidavit if the application for the warrant had been made to the officer in accordance with section 32.

    (7)     A form of warrant completed in accordance with subsection (4) is to be taken to be a warrant issued under section 32.