Excise Act 1901

PART IX - OFFICERS  

Division 1A - Search and seizure  

Subdivision D - Provisions applicable both to search and seizure warrants  

SECTION 107DG   WARRANTS BY TELEPHONE OR OTHER ELECTRONIC MEANS  

107DG(1)    
An officer may apply to a judicial officer for a search warrant or for a seizure warrant by telephone, fax 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.

107DG(2)    
The judicial officer may require communication by voice to the extent that it is practicable in the circumstances.

107DG(3)    
An application under this section must include all information required to be provided in an ordinary application for a search warrant or for a seizure warrant, but the application may, if necessary, be made before the information is sworn.

107DG(4)    
If an application is made to a judicial officer under this section and the judicial officer, after considering the information and having received and considered such further information (if any) as the judicial officer required, is satisfied that:

(a) a search warrant or a seizure 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 judicial officer may complete and sign the same form of warrant that would be issued under section 107BA or 107CA .

107DG(5)    
If the judicial officer decides to issue the warrant, the judicial officer is to inform the applicant, by telephone, fax or other electronic means, of the terms of the warrant and the day on which and the time at which it was signed.

107DG(6)    
The applicant must then complete a form of warrant in terms substantially corresponding to those given by the judicial officer, stating on the form the name of the judicial officer and the day on which and the time at which the warrant was signed.

107DG(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;

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

107DG(8)    
The judicial officer must:

(a) attach to the documents provided under subsection (7) the form of warrant signed by the judicial officer; and

(b) give or transmit to the applicant the attached documents.

107DG(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 judicial officer 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.