(1)  If a law enforcement officer believes that it is impracticable for an application for a surveillance device warrant to be made in person, the application may be made under section 9 by telephone, fax, email or any other means of communication.

(2)  If transmission by fax is available and an affidavit has been prepared, the person applying must transmit a copy of the affidavit, whether sworn or unsworn, to the Supreme Court or magistrate who is to determine the application.