Tasmanian Consolidated Acts
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AUSTRALIAN CRIME COMMISSION (TASMANIA) ACT 2004 - SECT 30
Application by telephone for search warrants
(1) Where, by reason 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 so making 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 sworn.
(3) Where an issuing officer issues a warrant under section 29 upon
an application made by telephone, he or she 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 his or her reasons for issuing the warrant; and
(d) send a copy of the warrant to the CEO.
(4) Where a warrant is issued under section 29 upon an application
made by telephone, a member of the staff of the ACC or a member of the Police
Service may complete a form of warrant in the terms indicated by the issuing
officer under subsection (3) and, where a form of warrant is so
completed, he or she 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 in accordance with
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
sworn in connection with the warrant.
(6) Upon 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 manner in which he or she would have dealt with
the affidavit if the application for the warrant had been made to him or her
in accordance with section 29 .
(7) A form of warrant duly completed in accordance with
subsection (4) is to be taken to be a warrant issued under
section 29 .
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