New South Wales Consolidated Acts

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 76AE

76AE Applications for digital evidence access orders by telephone

(1) An application for a digital evidence access order may be made by telephone if it is not practicable for the application to be made--

(a) in person under section 76AC, or

(b) by email or in another way under section 76AD.

Note--:
"Telephone" includes radio, facsimile and any other communication device.

(2) An eligible issuing officer must not issue a digital evidence access order on an application made by telephone unless the eligible issuing officer is satisfied--

(a) the digital evidence access order is required urgently, and

(b) it is not practicable for the application to be made in person under section 76AC or by email or in another way under section 76AD.

(3) If it is not practicable for an application for a digital evidence access order to be made by telephone directly to an eligible issuing officer, the application may be transmitted to the eligible issuing officer by another person on behalf of the applicant.

(4) An eligible issuing officer who issues a digital evidence access order on an application made by telephone must--

(a) complete and sign the digital evidence access order, and

(b) either--

(i) give the digital evidence access order to the person who made the application, or

(ii) inform the person of the terms of the digital evidence access order and the date and time when it was signed.

(5) If a digital evidence access order is issued on an application made by telephone and the applicant was not given the digital evidence access order, the applicant must--

(a) complete a form of digital evidence access order in the terms indicated by the eligible issuing officer under subsection (4)(b)(ii), and

(b) write on it--

(i) the name of the eligible issuing officer, and

(ii) the date and time the digital evidence access order was signed.

(6) A form of digital evidence access order completed under subsection (5) is taken to be a digital evidence access order issued in accordance with this Act.

(7) A digital evidence access order must be given by an eligible issuing officer by email, if the facilities to do so are readily available, and the emailed copy is taken to be the original document.