FUEL (PENALTY SURCHARGES) ADMINISTRATION ACT 1997 (REPEALED)

PART 4 - AUDIT POWERS  

DIVISION 5 - RIGHTS AND OBLIGATIONS RELATING TO THE OBTAINING AND EXECUTION OF WARRANTS GENERALLY  

SECTION 33 (Repealed by 74 of 2006)   WARRANTS MAY BE GRANTED BY TELEPHONE OR OTHER ELECTRONIC MEANS  

33(1)
An authorised officer may make an application to a magistrate for a monitoring warrant or a search warrant by telephone, telex, facsimile or other electronic means:

(a) in an urgent case; or

(b) if the delay that would occur if an application were made in person would frustrate the effective execution of the warrant.

33(2)
The magistrate may require communication by voice to the extent that is practicable in the circumstances.

33(3)
An application under this section must include all information required to be provided in an ordinary application for a monitoring warrant or a search warrant, as the case requires, but the application may, if necessary, be made before the information is sworn.

33(4)
If an application is made to a magistrate under this section and the magistrate, after considering the information and having received and considered such further information (if any) as the magistrate required, is satisfied that:

(a) a warrant in the terms of the application should be issued urgently; or

(b) the delay that would occur if an application were made in person would frustrate the effective execution of the warrant;

the magistrate may complete and sign the same form of warrant that would be issued under section 27 or 29 , as the case requires.

33(5)
If the magistrate decides to issue the warrant, the magistrate is to inform the applicant, by telephone, telex, facsimile or other electronic means, of the terms of the warrant and the day on which and the time at which it was signed.

33(6)
The applicant must then complete a form of warrant in terms substantially corresponding to those given by the magistrate, stating on the form the name of the magistrate and the day on which and the time at which the warrant was signed.

33(7)
The applicant must, not later than the day after:

(a) the day of expiry of the warrant; or

(b) the day on which the warrant was executed or, in the case of a monitoring warrant, first executed;

whichever is the earlier, give or transmit to the magistrate the form of warrant completed by the applicant and, if the information referred to in subsection (3) was not sworn, that information duly sworn.

33(8)
The magistrate is to attach to the documents provided under subsection (7) the form of warrant completed by the magistrate.

33(9)
If:

(a) it is material, in any proceedings, for a court to be satisfied that the exercise of a power under a warrant issued under this section was duly authorised; and

(b) the form of warrant signed by the magistrate is not produced in evidence;

the court is to assume, unless the contrary is proved, that the exercise of the power was not duly authorised.