Terrorism (Emergency Powers) Act 2003

(1) An authorised police officer may apply by telephone, fax, email or other electronic communication for a covert search warrant.

(2) A Supreme Court Judge must not issue a covert search warrant on an application under this section unless the Supreme Court Judge is satisfied the warrant is required urgently and it is not practicable for the application to be made in person.

(3) An application must be made by fax if the facilities to do so are readily available for that purpose.

(4) If it is not practicable for an application for a covert search warrant under this section to be made directly to a Supreme Court Judge, the application may be sent to the Supreme Court Judge by another police officer on behalf of the applicant.

(5) A Supreme Court Judge who issues a covert search warrant on an application under this section must:

(b) give the warrant to the police officer who made the application or inform the officer of the terms of the warrant and of the date when it was signed.

(6) If a covert search warrant is issued on an application made by telephone and the applicant was not given the warrant, the applicant must:

(a) complete a form of warrant in the terms indicated by the Judge under subsection (5); and

(b) write on it the name of the Judge and the date when the warrant was signed; and

(c) give the warrant to the Judge within 2 business days after the issue of the warrant.

(7) A form of covert search warrant so completed is taken to be a warrant issued under this Division.

(8) A covert search warrant must be given by a Supreme Court Judge by fax if the facilities to do so are readily available, and the copy produced is taken to be the original warrant.