(1) An authorised officer may apply for a warrant (a
"special warrant" ) by phone, fax, radio or another form of communication if
the authorised officer considers it necessary because of—
(a) urgent
circumstances; or
(b) other special circumstances, including, for example,
the authorised officer’s remote location.
(2) Before applying for the
special warrant, the authorised officer must prepare an application stating
the grounds on which the warrant is sought.
(3) The authorised officer may
apply for the special warrant before the application is sworn.
(4) After
issuing the special warrant, the magistrate must promptly fax a copy (a
"facsimile warrant" ) to the authorised officer if it is reasonably
practicable to fax the copy.
(5) If it is not reasonably practicable to fax a
copy to the authorised officer—
(a) the magistrate must tell the authorised
officer—
(6) The facsimile warrant, or the warrant form
properly completed by the authorised officer, authorises the entry and the
exercise of the other powers stated in the special warrant issued.
(7) The
authorised officer must, at the first reasonable opportunity, send to the
magistrate—
(8) On receiving the
documents, the magistrate must attach them to the special warrant.
(9) A
court must find the exercise of the power by an authorised officer was not
authorised by a special warrant if—
(a) a matter arises in a proceeding
before the court whether the exercise of the power was authorised by a
special warrant mentioned in subsection (1) ; and