Northern Territory Consolidated Acts

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AUSTRALIAN CRIME COMMISSION (NORTHERN TERRITORY) ACT 2005 - SECT 30

Application by telephone for search warrants

    (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 29.

    (2)     Before making the application, the eligible person must 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 made on oath.

    (3)     If an issuing officer issues a warrant under section 29 upon an application made by telephone, the issuing officer must:

        (a)     complete and sign the warrant; and

        (b)     inform the eligible person who made the application of the terms of the warrant and the date on which and the time at which it was signed; and

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

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

    (4)     If a warrant is issued under section 29 on an application made by telephone:

        (a)     a member of the staff of the ACC or a member of the Police Force of the Territory may complete a form of warrant in the terms indicated by the issuing officer under subsection (3); and

        (b)     where a form of warrant is so completed – the member must write on it the name of the issuing officer who issued the warrant and the date on which and the time at which it was signed.

    (5)     Where a person completes a form of warrant under subsection (4), the person must, not later than the day next following the date of expiry of the warrant, send to the issuing officer who signed the warrant the form of warrant completed by him or her and the affidavit duly made in connection with the warrant.

    (6)     On receipt of the documents referred to in subsection (5), the issuing officer must attach them to the warrant signed by him or her and deal with the documents in the way in which the affidavit would have been dealt with if the application for the warrant had been made in accordance with section 29.

    (7)     A form of warrant duly completed under subsection (4) is to be taken to be a warrant issued under section 29.



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