Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1991 No. 98 of 1991 - SECT 364

364. (1) Where, because of circumstances of urgency, an inspector considers it
necessary to do so, the inspector may apply for a warrant under subsection 
363 (2), by telephone, in accordance with this section.

(2) Before so applying, an inspector must prepare an information of a kind
referred to in subsection 363 (2) that sets out the grounds on which the issue
of the warrant is being sought, but may, if it is necessary to do so, apply
before the information has been sworn.

(3) Where a Magistrate to whom an application under subsection (1) is made is
satisfied:

   (a)  after having considered the terms of the information prepared in
        accordance with 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 have issued under section 363 if the
        application had been made in accordance with that section.

(4) Where a Magistrate signs a warrant under subsection (3):

   (a)  the Magistrate must notify the inspector of the terms of the warrant
        and the date on which and the time at which it was signed, and write
        on it the reasons for the granting of the warrant; and

   (b)  the inspector must complete a form of warrant in the terms notified to
        the inspector by the Magistrate and write on it the name of the
        Magistrate and the date on which and the time at which the warrant was
        signed.

(5) Where an inspector completes a form of warrant in accordance with
subsection (4), the inspector must, not later than the day after the date of
expiry or execution, whichever is the earlier, of the warrant send to the
Magistrate who signed the warrant the form of warrant completed by the
inspector and the information duly sworn in connection with the warrant.

(6) Upon receiving the documents referred to in subsection (5), the Magistrate
must attach to them the warrant signed by the Magistrate and deal with the
documents in the manner in which the Magistrate would have dealt with the
information if the application for the warrant had been made in accordance
with section 363.

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

(8) Where it is material, in any proceedings, for a court to be satisfied that
an entry, search or seizure was authorised in accordance with this section,
and the warrant signed by a Magistrate in accordance with this section,
authorising the entry, search or seizure is not produced in evidence, the
court must assume, unless the contrary is proved, that the entry, search or
seizure was not authorised by such a warrant.