FAIR TRADING ACT 2010 - SECT 73

FAIR TRADING ACT 2010 - SECT 73

73 .         Warrants by telephone etc., further provisions for

        (1)         If a magistrate or justice of the peace completes and signs a warrant under section 72(5) —

            (a)         the magistrate or justice of the peace must —

                  (i)         tell the authorised person what the terms of the warrant are; and

                  (ii)         tell the authorised person the day on which and the time at which the warrant was signed; and

                  (iii)         tell the authorised person the day (not more than one week after the magistrate or justice of the peace completes and signs the warrant) on which the warrant ceases to have effect; and

                  (iv)         record on the warrant the reasons for issuing the warrant;

                and

            (b)         the authorised person must —

                  (i)         complete a form of warrant in the same terms as the warrant completed and signed by the magistrate or justice of the peace; and

                  (ii)         write on the form the name of the magistrate or justice of the peace and the day on which and the time at which the warrant was signed.

        (2)         The authorised person must also, not later than the day after the day of expiry or execution of the warrant, whichever is the earlier, send to the magistrate or justice of the peace —

            (a)         the form of warrant completed by the authorised person; and

            (b)         the affidavit referred to in section 72(3), which must have been duly sworn or affirmed.

        (3)         When the magistrate or justice of the peace receives those documents, the magistrate or justice of the peace must —

            (a)         attach them to the warrant that the magistrate or justice of the peace completed and signed; and

            (b)         deal with them in the way in which the magistrate or justice of the peace would have dealt with them if the application had been made under section 71.

        (4)         A form of warrant duly completed under subsection (1)(b) is authority for the same powers as are authorised by the warrant signed by the magistrate or justice of the peace.

        (5)         If a magistrate or justice of the peace completes and signs a warrant under section 72(5), in any proceedings a court must assume, unless the contrary is proved, that the exercise of a power was not authorised by the warrant if —

            (a)         it is material, in those proceedings, for the court to be satisfied that the exercise of the power was authorised by this section; and

            (b)         the warrant is not produced in evidence.