Crimes Act 1914

Part IAAA - Delayed notification search warrants  

Division 2 - Issue of delayed notification search warrants  

Subdivision B - Delayed notification search warrants by telephone, fax etc.  

SECTION 3ZZBF   Delayed notification search warrants by telephone, fax etc.  
When this section applies

(1)    
This section applies if the requirements specified in subsection 3ZZBC(1) for when an eligible officer of an eligible agency may apply for a delayed notification search warrant in respect of particular premises are satisfied.

Note:

This section sets out an alternative method of applying for and issuing delayed notification search warrants.

Application for delayed notification search warrant

(2)    
The eligible officer may apply to an eligible issuing officer by telephone, fax or other electronic means for a delayed notification search warrant in respect of the premises:

(a) if it is an urgent case; or

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

(3)    
The eligible issuing officer:

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

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

(4)    
The application must:

(a) include all information required to be provided in an ordinary application for a delayed notification search warrant, but the application may, if necessary, be made before the information is sworn or affirmed; and

(b) include details of, or be accompanied by a copy of, the authorisation under section 3ZZBB .

Eligible issuing officer may complete and sign warrant

(5)    
The eligible issuing officer may complete and sign the same delayed notification search warrant that would have been issued under section 3ZZBD if, after:

(a) considering the information and having received and considered such further information (if any) as the eligible issuing officer required; and

(b) having regard to the matters specified in subsection 3ZZBD(2) ;

the eligible issuing officer is satisfied:

(c) that there are reasonable grounds for the eligible officer to have:

(i) the suspicions mentioned in paragraphs 3ZZBA(a) and (b); and

(ii) the belief mentioned in paragraph 3ZZBA(c) ; and

(d) that:

(i) a delayed notification search 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 delayed notification search warrant.

(6)    
After completing and signing the delayed notification search warrant, the eligible issuing officer must inform the applicant, by telephone, fax or other electronic means, of:

(a) the terms of the warrant; and

(b) the day on which, and the time at which, the warrant was signed.

Obligations on applicant

(7)    
The applicant must then do the following:

(a) complete a form of delayed notification search warrant in the same terms as the warrant completed and signed by the eligible issuing officer;

(b) state on the form the following:

(i) the name of the eligible issuing officer;

(ii) the day and time of signing of the warrant;

(c) send the following to the eligible issuing officer:

(i) the form of warrant completed by the applicant;

(ii) the information referred to in subsection (4), which must have been duly sworn or affirmed.

(8)    
The applicant must comply with paragraph (7)(c) by the end of the day after the earlier of the following:

(a) the day on which the delayed notification search warrant expires;

(b) the day of execution of the warrant.

Eligible issuing officer to attach documents together

(9)    
The eligible issuing officer must attach the documents provided under paragraph (7)(c) to the delayed notification search warrant signed by the eligible issuing officer.