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FAIR TRADING ACT 2010 - SECT 72

FAIR TRADING ACT 2010 - SECT 72

72 .         Warrants wanted urgently, may be obtained by telephone etc.

        (1)         If an authorised person requires a warrant urgently, or a magistrate or justice of the peace is not available within a reasonable distance of the authorised person, the authorised person may apply to a magistrate or justice of the peace by telephone, fax or other electronic means for a warrant under section 71.

        (2)         The magistrate or justice of the peace may —

            (a)         require communication by voice to the extent that it is practicable in the circumstances; and

            (b)         make a recording of the whole or any part of any such communication by voice.

        (3)         Before applying for the warrant, the authorised person must prepare an affidavit that sets out the grounds on which the warrant is sought.

        (4)         If it is necessary to do so, the authorised person may apply for the warrant before the affidavit is sworn or affirmed.

        (5)         The magistrate or justice of the peace may complete and sign the same warrant that the magistrate or justice of the peace would issue under section 74 if the application had been made under section 71 if the magistrate or justice of the peace is satisfied that there are reasonable grounds for issuing the warrant, after having —

            (a)         considered the terms of the affidavit; and

            (b)         received such further information (if any) as the magistrate or justice of the peace requires concerning the grounds on which the issue of the warrant is sought.