493
In forceAuthority of warrant
Volume 2Chapters 7 to 11 (sections 404 to 645), Endnotes
Chapter 9Compliance and enforcement
Part 3Warrants for purposes other than monitoring and investigation
Division 2Issue of warrants
Subdivision BIssue of certain warrants by telephone, fax etc.
493 Authority of warrant
(1)
A form of warrant duly completed under subsection 492(6) is authority for the same powers as are authorised by the warrant signed by the issuing officer under subsection 492(4).
(2)
In any proceedings, a court is to assume (unless the contrary is proved) that an exercise of power was not authorised by a warrant under section 492 if:
(a)
it is material, in those proceedings, for the court to be satisfied that the exercise of power was authorised by that section; and
(b)
the warrant signed by the issuing officer authorising the exercise of the power is not produced in evidence.
This Act’s bill:Explanatory memorandumSecond reading speech
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