(1)  Subject to this section –

(a) an application under section 40 (1) may be made by telephone if the applicant is of or above the rank of sergeant; and

(b) a magistrate may, under section 40 (2) , issue a search warrant that has been applied for by telephone.

(2)  A magistrate issues a search warrant that has been applied for by telephone by stating the terms of the warrant.

(3)  A magistrate is not to issue a search warrant under section 40 that has been applied for by telephone if the magistrate is of the opinion that it would be practicable in the circumstances for the police officer to apply to a magistrate for the warrant in person.

(4)  A magistrate who issues a search warrant under section 40 that has been applied for by telephone is to cause a record to be made in writing of –

(a) the name and rank of the police officer who applied for the warrant; and

(b) the location of that police officer at the time the application was made; and

(c) the reasons given by the applicant as to why it was not practicable in the circumstances for the applicant to apply to a magistrate for a warrant in person; and

(d) the terms of the warrant as stated to the police officer to whom it was issued; and

(e) the date and time the warrant was issued.

(5)  A police officer perfects a search warrant issued to the officer by telephone by –

(a) causing a record to be made in writing setting out the terms of the warrant; and

(b) endorsing the record with the name of the magistrate by whom, and the date and time when, the warrant was issued.