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LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 119
Detention warrants
119 Detention warrants
(1) An application for a detention warrant may be
made by the applicant in person or by telephone. Note: For provisions relating
generally to applications for detention warrants and other matters, see
section 59.
(2) In any criminal proceedings, the burden lies on the
prosecution to prove on the balance of probabilities that the warrant was
issued.
(3) In the case of an application made for a detention warrant by
telephone, the applicant for the warrant must, within one day after the day on
which the warrant is issued, give or transmit to the authorised officer
concerned an affidavit setting out the information on which the application
was based that was given to the authorised officer when the application was
made.
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