Copyright Act 1994

  • Warning: Some amendments have not yet been incorporated
  • This version was reprinted on 17 March 2016 to make corrections to sections 54, 134K(1), 135, 144A(2)(d) and 144B(2)(d) under section 25(1)(j)(i), (ii), and (iv) of the Legislation Act 2012.
134H Mode of application for search warrant


Unless subsection (3) applies, an application for a search warrant—


must be in writing; and


must be in the prescribed form (if any); and


may be transmitted to the issuing officer electronically.


The applicant must appear in person before the issuing officer, unless subsection (3) applies.


An issuing officer may allow an application for a search warrant to be made verbally (for example, by telephone call) and excuse the applicant from making a personal appearance if the issuing officer is satisfied that—


the delay that would be caused by requiring an applicant to appear in person would compromise the effectiveness of the search; and


the question of whether the warrant should be issued can properly be determined on the basis of a verbal communication (including the information described in paragraph (c)); and


the information required by section 134G(1) to (3) has been supplied to the issuing officer.


An issuing officer who allows an application for a search warrant to be made verbally must record the grounds for the application as soon as practicable.

Section 134H: inserted, on 7 October 2011, by section 6 of the Copyright Amendment Act 2011 (2011 No 72).