Commonwealth Numbered Acts

SOUTH PACIFIC NUCLEAR FREE ZONE TREATY ACT 1986 No. 140, 1986 - SECT 26

26. (1) Where, by reason of circumstances of urgency, an inspector considers
it necessary to do so, the inspector may make an application for a warrant
under sub-section 25 (4), by telephone, in accordance with this section.

(2) Before so making application, an inspector shall prepare an information of
a kind referred to in sub-section 25 (4) 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) Where a Magistrate to whom an application under sub-section (1) is made is
satisfied-

   (a)  after having considered the terms of the information prepared in
        accordance with sub-section (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 shall complete and sign such a search
        warrant as the Magistrate would issue under section 25 if the
        application had been made in accordance with that section.

(4) Where a Magistrate signs a warrant under sub-section (3)-

   (a)  the Magistrate shall inform the inspector of the terms of the warrant
        and the date on which and the time at which it was signed, and record
        on the warrant the reasons for the granting of the warrant; and

   (b)  the inspector shall complete a form of warrant in the terms given to
        the inspector 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.

(5) Where an inspector completes a form of warrant in accordance with
sub-section (4), the inspector shall, not later than the day next following
the date of expiry of the warrant, give to the Magistrate who signed the
warrant the form of warrant completed by the inspector and the information
duly sworn in connection with the warrant.

(6) Upon receipt of the documents referred to in sub-section (5), the
Magistrate shall attach to them the warrant signed by the Magistrate and deal
with the documents in the manner in which the Magistrate would have dealt with
the information if the application for the warrant had been made in accordance
with section 25.

(7) A form of warrant duly completed by an inspector in accordance with
sub-section (4) 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 a power that the warrant so signed authorises.

(8) Where 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 the warrant signed by a Magistrate in
accordance with this section authorising the entry, search, seizure or other
exercise of power is not produced in evidence, the court shall assume, unless
the contrary is proved, that the entry, search, seizure or other exercise of
power was not authorised by such a warrant.