(1) If an inspector
requires a warrant urgently, or a justice is not available within a reasonable
distance of the inspector, the inspector may apply to a justice by telephone,
fax, radio, video conference, electronic mail or another similar method or any
combination of those methods as the justice thinks fit.
(2) Before applying
for a warrant under subsection (1), the inspector must prepare an application
(without the evidence on oath) setting out the grounds on which the warrant is
sought.
(3) A justice who
issues a warrant on an application under subsection (1) must —
(a) if
it is reasonably practicable to do so, send a copy to the inspector by fax or
another expedient method (including electronically if that allows the
inspector to produce a written copy of the warrant); or
(b)
otherwise, inform the inspector of the terms of the warrant, including the
dates and times when it was issued and will cease to have effect.
(4) An inspector who
is informed of the terms of a warrant under subsection (3)(b) must write those
terms on a prescribed form of warrant and add the name of the justice.
(5) A copy of a
warrant sent under subsection (3)(a), or a form of warrant completed in
accordance with subsection (4), has effect as a warrant issued by the justice.
(6) As soon as
practicable after applying for a warrant under subsection (1) the inspector
must send the evidence on oath in support of the application to the justice.
[Section 62 amended: No. 84 of 2004 s. 80.]