Commonwealth Consolidated Acts

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CRIMES ACT 1914 - SECT 3ZZBG

Authority of delayed notification search warrant by telephone, fax etc.

  (1)   A form of delayed notification search warrant duly completed under subsection   3ZZBF(7) is authority for the same powers as are authorised by the warrant signed by the eligible issuing officer under subsection   3ZZBF(5).

  (2)   In any proceedings, a court is to assume (unless the contrary is proved) that an exercise of power was not authorised by a delayed notification search warrant under section   3ZZBF if:

  (a)   it is material, in those proceedings, for the court to be satisfied that the exercise of power was duly authorised by the warrant; and

  (b)   the delayed notification search warrant signed by the eligible issuing officer authorising the exercise of the power is not produced in evidence.


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