Commonwealth Consolidated Acts

EXPORT CONTROL ACT 1982 - SECT 10G

             (1)  An authorized officer may apply to a magistrate for a warrant under section 10B or 10E by telephone, facsimile 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 10B or 10E, as the case requires, but the application may, if necessary, be made before the information is sworn or affirmed.

             (4)  If a magistrate to whom an application is made under this section 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 that would be issued under section 10B or 10E, as the case requires.

             (5)  If a magistrate signs a warrant under subsection (4):

                     (a)  the magistrate must notify the authorized officer, by telephone, facsimile 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 the granting of the warrant; and

                     (b)  the officer must complete a form of warrant in the terms notified to the officer by the magistrate and write on it the name of the magistrate and the date on which and the time at which the warrant was signed.

             (6)  If an authorized officer completes a form of warrant under subsection (5), the officer must, not later than the day after the day on which the warrant ended or was executed, whichever is the earlier, give or transmit to the magistrate who signed the warrant the form of warrant completed by the officer 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 duly completed by an authorized officer under subsection (5) is, if it is in accordance with the terms of the warrant signed by the magistrate, authority for any entry, search, seizure, or other exercise of power that the warrant so signed authorizes.

             (9)  If:

                     (a)  it is material, in any proceedings, for a court to be satisfied that an exercise of power was authorized under this section; and

                     (b)  the warrant signed by the magistrate under this section authorizing 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 authorized by such a warrant.