540
In forceProceedings involving warrant issued by telephone etc
Volume 2s 311-594
Part 28Enforcement
Division 3Search warrants relating to breaches of the Spam Act 2003 or Part 21 of this Act
540 Proceedings involving warrant issued by telephone etc
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 section 539; and
(b)
a warrant signed by a magistrate under section 539 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.
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