(1) The hearing of a
telephone application may be conducted by telephone, fax, radio, video
conference, electronic mail or another similar method, or any combination of
such methods, as the authorised magistrate considers appropriate.
(2) Subject to
subsection (3)(b), the hearing of a telephone application is to be conducted
in the absence of the respondent.
(3) An authorised
magistrate hearing a telephone application may communicate with —
(a) the
applicant; and
(b) if
the authorised magistrate considers it necessary to do so, and it will not
unreasonably delay the hearing, the respondent and any other person.
(4) An authorised
magistrate to whom a telephone application is made is to make a written record
of —
(a) the
name and address of the applicant, the respondent and, if the applicant is
making the application on behalf of another person, the other person; and
(b)
whether the authorised magistrate is satisfied the criteria set out in
section 20(1)(a) or (b) have been met and the reasons for that decision; and
(c) if
the authorised magistrate is satisfied those criteria have been met, the
grounds for the application; and
(d) the
terms of any order made under section 23(1), including the day and time the
order was made.
[Section 21 amended: No. 38 of 2004 s. 18(6).]
[ 22. Deleted: No. 38 of 2004 s. 43(3).]