Australian Capital Territory Repealed Acts

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This legislation has been repealed.

NATIONAL CRIME AUTHORITY (TERRITORY PROVISIONS) ACT 1991 (REPEALED) - SECT 13

Application by telephone for search warrants

    (1)     If, by reason of circumstances of urgency, a member considers it necessary to do so, the member may make application by telephone for a warrant under section 12.

    (2)     Before making an application under subsection (1), the member shall prepare an affidavit that sets 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 a judge issues a warrant under section 12 on an application made by telephone, he or she shall—

        (a)     complete and sign the warrant; and

        (b)     inform the member who made the application of the terms of the warrant and the date and time when it was signed; and

        (c)     record on the warrant the reasons for issuing it; and

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

    (4)     If a warrant is issued under section 12 on an application made by telephone, a member of the staff of the authority or a member of the Australian Federal Police or of the police force of a State may complete a form of warrant in the terms indicated by the judge under subsection (3) and, if a form of warrant is so completed, shall write on it the name of the judge who issued it and the date and time when it was signed.

    (5)     If a person completes a form of warrant in accordance with subsection (4), he or she shall, not later than the next day following the date of expiry of the warrant, send to the judge who signed it the form of warrant completed by the person and the affidavit duly sworn in connection with the warrant.

    (6)     On receipt of the documents referred to in subsection (5), the judge shall attach them to the warrant signed by him or her and shall deal with the documents in the manner in which he or she would have dealt with the affidavit if the application for the warrant had been made to the judge in accordance with section 12.

    (7)     A form of warrant duly completed in accordance with subsection (4) shall be deemed to be a warrant issued under section 12.



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