Customs Act 1901

PART XII - OFFICERS  

Division 1 - Powers of officers  

Subdivision J - General powers to monitor and audit  

SECTION 214AG   WARRANTS MAY BE GRANTED BY TELEPHONE OR OTHER ELECTRONIC MEANS  

214AG(1)   [Circumstances for electronic warrant application]  

A monitoring officer may apply to a magistrate for a warrant in relation to premises by telephone, telex, fax or other electronic means (of any kind):

(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.

214AG(2)   [Voice communication practicable in circumstances]  

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

214AG(3)   [Application particulars]  

An application under this section must include all information required to be provided in an application for a warrant under section 214AF but the application may, if necessary, be made before the information is sworn.

214AG(4)   [Completion of warrant in certain circumstances]  

The magistrate must complete and sign the same form of warrant used under section 214AF as soon as he or she:

(a) has considered the information included in the application under this section, and the further information (if any) required by him or her; and

(b) is satisfied that:

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

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

214AG(5)   [Advice of warrant issued]  

If the magistrate decides to issue the warrant, the magistrate is to tell the applicant, by telephone, telex, fax or other electronic means, of the terms of the warrant and the day and time when it was signed.

214AG(6)   [Completion of form of warrant]  

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 and time when the warrant was signed.

214AG(7)   [Form of warrant to magistrate]  

The applicant must give or send 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. The applicant must do so not later than the day after the earlier of the following days:

(a) the day of expiry of the warrant;

(b) the day on which the warrant was first executed.

214AG(8)   [Documents to be attached]  

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

214AG(9)   [Signed warrant required to satisfy court]  

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.