Commonwealth Consolidated Acts

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ROYAL COMMISSIONS ACT 1902 - SECT 5

Application by telephone for search warrants

  (1)   An application for a search warrant under subsection   4(1) may be made by telephone if the applicant for the warrant considers it necessary to do so because of circumstances of urgency.

  (2)   Where a Judge issues a search warrant upon an application made by telephone, the Judge shall:

  (a)   complete and sign that warrant;

  (b)   inform the applicant of the terms of the warrant and the date on which and the time at which it was signed; and

  (c)   forward a copy of the warrant to the applicant.

  (3)   Where a search warrant is issued upon an application made by telephone, a member of the relevant Commission, a member of the staff of the relevant Commission mentioned in paragraph   (d) of the definition of member of the staff in subsection   1B(1) 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 a Judge under subsection   (2).

  (4)   A form of warrant duly completed in accordance with subsection   (3) shall be deemed to be a warrant issued under section   4.



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