Commonwealth Numbered Acts

NATIONAL CRIME AUTHORITY ACT 1984 No. 41, 1984 - SECT 23

23. (1) Where, by reason of circumstances of urgency, the Authority considers
it necessary to do so, a member of the Authority may make application by
telephone for a warrant under section 22.

(2) Before so making application, the member shall prepare an affidavit 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 affidavit
has been sworn.

(3) Where a Judge issues a warrant under section 22 upon an application made
by telephone, he shall-

   (a)  complete and sign that warrant;

   (b)  inform the member who made the application of the terms of the warrant
        and the date on which and the time at which it was signed;

   (c)  record on the warrant his reasons for issuing the warrant; and

   (d)  send a copy of the warrant to the Authority.

(4) Where a warrant is issued under section 22 upon an application made by
telephone, a member of the staff of the Authority 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 the Judge under sub-section (3) and,
where a form of warrant is so completed, he shall write on it the name of the
Judge who issued the warrant and the date on which and the time at which it
was signed.

(5) Where a person completes a form of warrant in accordance with sub-section
(4), the person shall, not later than the day next following the date of
expiry of the warrant, send to the Judge who signed the warrant the form of
warrant completed by him and the affidavit duly sworn in connection with the
warrant.

(6) Upon receipt of the documents referred to in sub-section (5), the Judge
shall attach them to the warrant signed by him and deal with the documents in
the manner in which he would have dealt with the affidavit if the application
for the warrant had been made to him in accordance with section 22.

(7) A form of warrant duly completed in accordance with sub-section (4) shall
be deemed to be a warrant issued under section 22.