(1) An application under section 414may be made by phone, fax, email, radio,
videoconferencing or another form of electronic communication if the
authorised officer reasonably considers it necessary because of—
(a) urgent
circumstances; or
(b) other special circumstances, including, for example,
the authorised officer’s remote location.
(2) The application—
(a) may
not be made before the authorised officer prepares the written application
under section 414(2) ; but
(b) may be made before the written application is
sworn.
(3) The magistrate may issue the warrant (the
"original warrant" ) only if the magistrate is satisfied—
(a) it was
necessary to make the application under subsection (1) ; and
(b) the way the
application was made under subsection (1) was appropriate.
(a) if there is a reasonably
practicable way of immediately giving a copy of the warrant to the authorised
officer, for example, by sending a copy by fax or email, the magistrate must
immediately give a copy of the warrant to the authorised officer; or
(b)
otherwise—
(i) the magistrate must tell the authorised officer the date and
time the warrant is issued and the other terms of the warrant; and
(ii) the
authorised officer must complete a form of warrant, including by writing on
it—
(A) the magistrate’s name; and
(B) the date and time the magistrate
issued the warrant; and
(C) the other terms of the warrant.
(5) The copy of
the warrant mentioned in subsection (4) (a) , or the form of warrant completed
under subsection (4) (b) (in either case the
"duplicate warrant" ), is a duplicate of, and as effectual as, the
original warrant.
(6) The authorised officer must, at the first reasonable
opportunity, send to the magistrate—
(a) the written application complying
with section 414(2) and (3) ; and
(b) if the authorised officer completed a
form of warrant under subsection (4) (b) —the completed form of warrant.
(7) The magistrate must keep the original warrant and, on receiving the
documents under subsection (6) —
"relevant magistrates court" , in relation to a magistrate, means the
Magistrates Court that the magistrate constitutes under the
Magistrates Act 1991.