New South Wales Consolidated Acts

TERRORISM (POLICE POWERS) ACT 2002 - SECT 27I

27I Telephone warrant

(1) An eligible police officer, or an eligible staff member of the Crime Commission, who is given an authorisation under Division 2 may apply by telephone for a covert search warrant.

(2) An eligible Judge must not issue a covert search warrant on an application made by telephone unless the Judge is satisfied that the warrant is required urgently and that it is not practicable for the application to be made in person.

(3) An application must be made by facsimile if the facilities to do so are readily available for that purpose.

(4) If it is not practicable for an application for a covert search warrant to be made by telephone directly to an eligible Judge, the application may be transmitted to the Judge by another person on behalf of the applicant.

(5) An eligible Judge who issues a covert search warrant on an application made by telephone must:

(a) complete and sign the warrant, and

(b) provide the warrant to the person who made the application or inform that person of the terms of the warrant and of the date when it was signed.

(6) If a covert search warrant is issued on an application made by telephone and the applicant was not provided with the warrant, the applicant must:

(a) complete a form of warrant in the terms indicated by the eligible Judge under subsection (5), and

(b) write on it the name of that Judge and the date when the warrant was signed, and

(c) provide the warrant to that Judge within 2 business days of the issue of the warrant.

(7) A form of covert search warrant so completed is taken to be a warrant issued in accordance with this Division.

(8) A covert search warrant is to be provided by an eligible Judge by transmitting it by facsimile if the facilities to do so are readily available, and the copy produced by that transmission is taken to be the original warrant.

(9) In this section:
"facsimile" means facsimile transmission, the internet or any other means of electronic transmission of information in a form from which written material is capable of being reproduced with or without the aid of any other device or article.
"telephone" includes any communication device.