New South Wales Consolidated Acts

CO-OPERATIVE HOUSING AND STARR-BOWKETT SOCIETIES ACT 1998 - SECT 37

37 Offence related warrant may be granted by telephone

(1) If, because of urgent circumstances, an inspector considers it necessary to do so, the inspector may, under this section, apply by telephone for a warrant under section 36 (Offence related warrants).

(2) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in section 36 (2) that sets out the grounds on which the issue of the warrant is sought.

(3) If it is necessary to do so, the inspector may apply for the warrant before the information has been sworn.

(4) If the Magistrate is satisfied:

(a) after having considered the terms of the information, 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 may, under section 36 (Offence related warrants), complete and sign such a warrant as the Magistrate would issue under that section if the application had been made under that section.

(5) If the Magistrate completes and signs the warrant:

(a) the Magistrate must:

(i) tell the inspector what the terms of the warrant are, and

(ii) tell the inspector the date on which and the time at which the warrant was signed, and

(iii) record on the warrant the reasons for granting 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 the form of warrant the name of the Magistrate and the date on which and the time at which the Magistrate signed the warrant.

(6) The inspector must also, not later than the day after the day 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 mentioned in subsection (2), which must have been duly sworn.

(7) When the Magistrate receives the documents mentioned in subsection (6), the Magistrate must:

(a) attach them to the warrant that the Magistrate completed and signed, and

(b) deal with them in the way in which the Magistrate would have dealt with the information if the application for the warrant had been made under section 36 (Offence related warrants).

(8) A form of warrant duly completed by the inspector under subsection (5) is authority for any entry, search, seizure or other exercise of a power that the warrant signed by the Magistrate authorises.

(9) If:

(a) it is material for a court to be satisfied that an entry, search, seizure or other exercise of power was authorised by this section, and

(b) the warrant completed and signed by the Magistrate authorising the exercise of power is not produced in evidence,

the court must assume, unless the contrary is proved, that the exercise of power was not authorised by such a warrant.