Commonwealth Consolidated Acts

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Evidentiary provisions if application made by electronic means

             (1)  This section applies if a magistrate has, under paragraph 23DA(5)(b), 23DD(5)(b) or 23DF(5)(b), informed an investigating official of matters included in an instrument.

             (2)  As soon as practicable after being informed of those matters, the investigating official must:

                     (a)  complete a form of the instrument and write on it the name of the magistrate and the particulars given by him or her; and

                     (b)  forward it to the magistrate.

             (3)  If the form of the instrument completed by the investigating official does not, in all material respects, accord with the terms of the instrument signed by the magistrate, the instrument is taken to have had no effect.

             (4)  In any proceedings, if the instrument signed by the magistrate is not produced in evidence, the burden lies on the prosecution to prove that the instrument was made.

Note:       These obligations apply in relation to protected suspects as well as to people under arrest.

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