Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where, by reason of circumstances of urgency, an investigating officer considers it necessary to do so, the investigating officer may make application to an authorized officer, by telephone, for a search warrant.
(2) Before making the application, the investigating officer shall prepare an information of the kind referred to in subsection 101X(1) or (2), as the case requires, being an information 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 information has been sworn or affirmed.
(3) Where, upon application under subsection (1), an authorized officer is satisfied, after having:
(a) considered the terms of the information prepared in accordance with subsection (2); and
(b) had given to him or her such further information (if any) as he or she requires concerning the grounds on which the issue of the warrant is being sought;
that there are reasonable grounds for issuing the warrant, the authorized officer shall complete and sign a search warrant of such a kind as he or she would have issued under section 101X if the application had been made in accordance with that section.
(4) Where an authorized officer signs a warrant under subsection (3):
(a) the authorized officer shall:
(i) inform the investigating officer of:
(A) the terms of the warrant; and
(B) the date on which, and the time at which, it was signed; and
(ii) record on the warrant his or her reasons for granting the warrant; and
(b) the investigating officer shall:
(i) complete a form of warrant in the terms furnished to him or her by the authorized officer; and
(ii) write on the form of warrant:
(A) the name of the authorized officer; and
(B) the date on which, and the time at which, the warrant was signed.
(5) Where an investigating officer completes a form of warrant in accordance with paragraph (4)(b), the investigating officer shall, not later than the day next following the date of expiry of the warrant, send to the authorized officer who signed the warrant the form of warrant and the information duly sworn or affirmed by him or her in connection with the issue of the warrant.
(6) Upon receipt of the form of warrant and information, the authorized officer shall attach to them the warrant.
(7) A form of warrant duly completed by an investigating officer in accordance with paragraph (4)(b) is, if it is in the terms of the warrant signed by the authorized officer, authority for any search, seizure or entry that the warrant so signed authorizes.
(8) Where it is material, in any action or proceeding, for a civil court or service tribunal to be satisfied that a search, seizure or entry was authorized by this section, and a warrant signed by an authorized officer in accordance with this section authorizing the search, seizure or entry is not produced in evidence, the civil court or service tribunal, as the case may be, shall presume, unless the contrary is proved, that the search, seizure or entry was not authorized by such a warrant.