New South Wales Repealed Acts

This legislation has been repealed.

SEARCH WARRANTS ACT 1985 - SECT 12

12 Telephone search warrant

(1) In this section, "telephone" includes radio, facsimile and any other communication device.

(2) A person may make an application by telephone for a search warrant.

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

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

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

(6) An authorised justice who issues a search warrant upon an application made by telephone is to:

(a) complete and sign the warrant,

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

(c) prepare and furnish an occupier’s notice to the person who made the application or inform that person of the terms of an occupier’s notice.

(7) If a search warrant is issued on an application made by telephone, the applicant:

(a) in a case where the applicant was not furnished with the search warrant-is to complete a form of search warrant in the terms indicated by the authorised justice under subsection (6) and write on it the name of that authorised justice and the date and time when the warrant was signed, and

(b) in a case where the applicant was not furnished with an occupier’s notice-is to complete a form of occupier’s notice in the terms indicated by the authorised justice under subsection (6).

(8) A form of search warrant and a form of occupier’s notice so completed is taken to be a search warrant issued, and an occupier’s notice prepared and furnished, in accordance with this Act.

(9) A search warrant or occupier’s notice is to be furnished by an authorised justice 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 document.

(10) In this section, a reference to facsimile includes a reference to any electronic communication device which transmits information in a form from which written material is capable of being reproduced with or without the aid of any other device or article.