MIGRATION ACT 1958 - SECT 487ZD Search warrants by telephone, fax etc.

MIGRATION ACT 1958 - SECT 487ZD

Application for search warrant

  (1)   An authorised officer may apply to an issuing officer by telephone, fax or other electronic means for a search warrant under section   487ZC in relation to premises:

  (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 issuing officer may require communication by voice to the extent that it is practicable in the circumstances.

  (3)   Before applying for the search warrant, the authorised officer must prepare an information of the kind mentioned in subsection   487ZC(2) in relation to the premises that sets out the grounds on which the warrant is sought. If it is necessary to do so, the authorised officer may apply for the warrant before the information is sworn or affirmed.

Issuing officer may complete and sign search warrant

  (4)   The issuing officer may complete and sign the same search warrant that would have been issued under section   487ZC if the issuing officer is satisfied that there are reasonable grounds for doing so:

  (a)   after considering the terms of the information; and

  (b)   after receiving such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.

  (5)   After completing and signing the search warrant, the issuing officer must inform the authorised officer, by telephone, fax or other electronic means, of:

  (a)   the terms of the warrant; and

  (b)   the day on which, and the time at which, the warrant was signed.

Obligations on authorised officer

  (6)   The authorised officer must then do the following:

  (a)   complete a form of search warrant in the same terms as the warrant completed and signed by the issuing officer;

  (b)   state on the form the following:

  (i)   the name of the issuing officer;

  (ii)   the day on which, and the time at which, the search warrant was signed;

  (c)   send the following to the issuing officer:

  (i)   the form of search warrant completed by the authorised officer;

  (ii)   the information referred to in subsection   (3), which must have been duly sworn or affirmed.

  (7)   The authorised officer must comply with paragraph   (6)(c) by the end of the day after the earlier of the following:

  (a)   the day on which the search warrant ceases to be in force;

  (b)   the day on which the search warrant is executed.

Issuing officer to attach documents together

  (8)   The issuing officer must attach the documents provided under paragraph   (6)(c) to the search warrant signed by the issuing officer.