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s 68

Creation of a computer warrant

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Part 4General procedure
Division 6AProcedures for computer warrants

68 Creation of a computer warrant

(1)

The creation of a computer warrant by a person under the approved procedures has the same effect as the issue of the same type of warrant under the person’s hand.

(2)

Without limiting subsection (1), a requirement under an Act that a warrant be issued by a person, issued under a person’s hand, or signed by a person, is taken to be complied with if the person creates the warrant as a computer warrant.

(3)

A computer warrant may be created even though the warrant is authorised under a provision of an Act authorising the issue of a warrant on application made by telephone or other form of distance communication.

(4)

For a computer warrant mentioned in subsection (3)—

(a)

a requirement that a form or copy of the warrant be completed or made for execution or otherwise may be complied with by making a written version of the warrant or, if the form or copy is made for execution, a document mentioned in section 69B(1)(b); and

(b)

a requirement that the warrant or a form or copy of the warrant be dealt with in a particular way may be complied with by dealing with a written version of the warrant in that way or by completing another process stated in the approved procedures.Example of paragraph (b)—A requirement that a form of a warrant be sent to the issuing magistrate may be complied with by sending a written version of the warrant to the magistrate.

(5)

Subsections (3) and (4) do not limit the application of other provisions of this division to the type of warrant to which the subsections apply or to another type of warrant. hdg prec s 69 om 1992 No. 40 s 36

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