Criminal Assets Confiscation Act 2005

An application for the issue of a warrant may be made either personally or by telephone.

The grounds of an application for a warrant must be verified by affidavit.

An application for a warrant cannot be made by telephone unless in the opinion of the applicant a warrant is urgently required and there is not enough time to make the application personally.

If an application for a warrant is made by telephone—

the applicant must inform the magistrate of—

the applicant's name; and

the applicant's rank or position title (as the case requires); and

the enforcement agency of which the applicant is a member, and the magistrate, on receiving that information, is entitled to assume, without further inquiry, that the applicant is an authorised officer; and

the applicant must inform the magistrate of the purpose for which the warrant is required and the grounds on which it is sought; and

if it appears to the magistrate from the information given by the applicant that there are proper grounds to issue a warrant, the magistrate must inform the applicant of the facts that justify, in the magistrate's opinion, the issue of the warrant, and must not issue the warrant unless the applicant undertakes to make an affidavit verifying those facts; and

if the applicant gives such an undertaking, the magistrate may then make out and sign a warrant, noting on the warrant the facts that justify, in the magistrate's opinion, the issue of the warrant; and

the warrant is taken to have been issued, and comes into force, when signed by the magistrate; and

the magistrate must inform the applicant of the terms of the warrant;

the applicant must fill out and sign a warrant form (the duplicate warrant) that—

sets out the name of the magistrate who issued the original and the terms of the warrant; and

complies with any other requirements prescribed by regulation; and

the applicant must, as soon as practicable after the issue of the warrant, forward to the magistrate an affidavit verifying the facts referred to in paragraph (c) and a copy of the duplicate warrant.

A magistrate by whom a warrant is issued must file the warrant, or a copy of the warrant, and the affidavit verifying the grounds on which the application for the warrant was made, in the Magistrates