Commonwealth Numbered Acts

ENDANGERED SPECIES PROTECTION ACT 1992 No. 194 of 1992 - SECT 125

125.(1) If, because of circumstances of urgency, an officer thinks it
necessary to do so, the officer may apply for a warrant under subsection 
124(1) by telephone, telex, fax or other electronic means under this section.

(2) Before applying, the officer must prepare an information of a kind
referred to in subsection 124(1) that sets out the grounds on which the issue
of the warrant is being sought, but may, if it is necessary to do so, make the
application before the information has been sworn.

(3) If the magistrate to whom an application under subsection (1) is made is
satisfied:

   (a)  after having considered the terms of the information prepared under
        subsection (2); and

   (b)  after having received such further information (if any) as the
        magistrate requires concerning the grounds on which the issue of the
        warrant is being sought; that there are reasonable grounds for issuing
        the warrant, the magistrate must complete and sign such a search
        warrant as the magistrate would issue under section 124 if the
        application had been made under that section.

(4) If the magistrate signs a warrant under subsection (3):

   (a)  the magistrate must:

        (i)    inform the officer of the terms of the warrant; and

        (ii)   inform the officer of the day on which and the time at which
               the warrant was signed; and

        (iii)  inform the officer of the day (not more than 7 days after the
               magistrate completes and signs the warrant) on which the
               warrant ceases to have effect; and

        (iv)   record on the warrant the reasons for issuing the warrant; and

   (b)  the officer must:

        (i)    complete a form of warrant in the same terms as the warrant
               completed and signed by the magistrate; and

        (ii)   write on it the magistrate's name and the day on which and the
               time at which the warrant was signed.

(5) The officer must, not later than the day after the date of expiry or
execution of the warrant, whichever is the earlier, send to the magistrate:

   (a)  the form of warrant completed by the officer; and

   (b)  the information duly sworn in connection with the warrant.

(6) Upon receiving the documents referred to in subsection (5), the magistrate
must:

   (a)  attach to them the warrant signed by the magistrate; and

   (b)  deal with the documents in the way in which the magistrate would have
        dealt with the information if the application for the warrant had been
        made under section 124.

(7) A form of warrant duly completed by an inspector under subsection (4) is,
if it is in accordance with the terms of the warrant signed by the magistrate,
authority for any entry, search, seizure or other exercise of a power that the
warrant so signed authorises.

(8) If:

   (a)  it is material, in any proceedings, for a court to be satisfied that
        an entry, search, seizure or other exercise of power was authorised in
        accordance with this section; and

   (b)  the warrant signed by a magistrate under this section authorising the
        entry, search, seizure or other exercise of power is not produced in
        evidence; the court is to assume, unless the contrary is proved, that
        the entry, search, seizure or other exercise of power was not
        authorised by such a warrant.