Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An application to a magistrate for a warrant under section 30 may be made by telephone, 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.
(2) The magistrate may require voice communication to the extent that it is practicable in the circumstances.
(3) An application under this section must include all information required to be provided in an ordinary application for a warrant under section 30, but the application may, if necessary, be made before the information is sworn or affirmed.
(4) If the magistrate is satisfied:
(a) after having considered the information mentioned in subsection (3); and
(b) after having received any further information that the magistrate requires about the grounds on which the issue of the warrant is being sought;
that there are reasonable grounds for issuing the warrant, the magistrate may complete and sign the same form of warrant as would be issued under section 30.
(5) If the magistrate signs a warrant under subsection (4):
(a) the magistrate must notify the inspector, by telephone, fax or other electronic means, of the terms of the warrant and the date on which and the time at which it was signed, and write on it the reasons for granting it; and
(b) the inspector must complete a form of warrant in the terms notified to the inspector by the magistrate and write on it the name of the magistrate and the date on which and the time at which it was signed.
(6) If the inspector completes a form of warrant under subsection (5), the inspector must, not later than the day after the day on which the warrant ceased to be in force or was executed, whichever is the earlier, give or send to the magistrate the form of warrant completed by the inspector and, if the information mentioned in subsection (3) was not sworn or affirmed, that information duly sworn or affirmed.
(7) The magistrate must attach to the documents provided under subsection (6) the warrant signed by the magistrate.
(8) A form of warrant that has been duly completed by the inspector under subsection (5), and is in accordance with the terms of the warrant signed by the magistrate, has the same authority as the warrant signed by the magistrate.
(9) If:
(a) it is material, in any proceedings, for a court to be satisfied that an exercise of power was authorised under this section; and
(b) the warrant signed by the magistrate under this section authorising the exercise of power is not produced in evidence;
the court must assume, unless the contrary is proved, that the exercise of power was not authorised by such a warrant.