Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 214AG

  (1)   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.

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

  (3)   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.

  (4)   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.

  (5)   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.

  (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 and time when the warrant was signed.

  (7)   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.

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

  (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.