Commonwealth Consolidated Acts

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ROYAL COMMISSIONS ACT 1902 - SECT 5

Application by telephone for search warrants

             (1)  An application for a search warrant under subsection 4(1) may be made by telephone if the applicant for the warrant considers it necessary to do so because of circumstances of urgency.

             (2)  Where a Judge issues a search warrant upon an application made by telephone, the Judge shall:

                     (a)  complete and sign that warrant;

                     (b)  inform the applicant of the terms of the warrant and the date on which and the time at which it was signed; and

                     (c)  forward a copy of the warrant to the applicant.

             (3)  Where a search warrant is issued upon an application made by telephone, a member of the staff of the relevant Commission or a member of the Australian Federal Police or of the Police Force of a State may complete a form of warrant in the terms indicated by a Judge under subsection (2).

             (4)  A form of warrant duly completed in accordance with subsection (3) shall be deemed to be a warrant issued under section 4.



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