Commonwealth Consolidated Acts

RADIOCOMMUNICATIONS ACT 1992 - SECT 270

             (1)  If, because of circumstances of urgency, an inspector thinks it necessary to do so, the inspector may apply to a magistrate for a warrant under subsection 269(1) by telephone, telex, fax or other electronic means under this section.

             (2)  Before applying, the inspector must prepare an information of a kind referred to in subsection 269(1) 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 information has been sworn.

             (3)  If the magistrate to whom an application under subsection (1) is made is satisfied:

                     (a)  after having considered the terms of the information prepared under subsection (2); and

                     (b)  after having received such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought;

that there are reasonable grounds for issuing the warrant, the magistrate must complete and sign such a search warrant as the magistrate would issue under section 269 if the application had been made under that section.

             (4)  If the magistrate signs a warrant under subsection (3):

                     (a)  the magistrate must:

                              (i)  inform the inspector of the terms of the warrant; and

                             (ii)  inform the inspector of the day on which and the time at which the warrant was signed; and

                            (iii)  inform the inspector of the day (not more than 7 days after the magistrate completes and signs the warrant) on which the warrant ceases to have effect; and

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

                     (b)  the inspector must:

                              (i)  complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and

                             (ii)  write on it the magistrate's name and the day on which and the time at which the warrant was signed.

             (5)  The inspector must, not later than the day after the date of expiry or execution of the warrant, whichever is the earlier, send to the magistrate:

                     (a)  the form of warrant completed by the inspector; and

                     (b)  the information duly sworn in connection with the warrant.

             (6)  On receiving the documents referred to in subsection (5), the magistrate must:

                     (a)  attach to them the warrant signed by the magistrate; and

                     (b)  deal with the documents in the way in which the magistrate would have dealt with the information if the application for the warrant had been made under section 269.

             (7)  A form of warrant duly completed by an inspector under subsection (4), if it is in accordance with the terms of the warrant signed by the magistrate, is authority for any entry, search, seizure or other exercise of a power that the warrant so signed authorises.

             (8)  If:

                     (a)  it is material in any proceedings for a court to be satisfied that an entry, search, seizure or other exercise of power was authorised in accordance with this section; and

                     (b)  the warrant signed by a magistrate under this section authorising the entry, search, seizure or other exercise of power is not produced in evidence;

the court is to assume, unless the contrary is proved, that the entry, search, seizure or other exercise of power was not authorised by such a warrant.