Section 445B — Children, Young Persons, and Their Families Act 1989: Authority to use facsimile copy of warrant

445B Authority to use facsimile copy of warrant (1) In this section, the term facsimile copy , in relation to a warrant, means a copy of the warrant that is produced by a facsimile machine, computer, or other electronic device when the warrant is sent by facsimile transmission. (2) Any District Court Judge, Justice, Community Magistrate, or Registrar (not being a member of the police) may authorise the use of a facsimile copy of a warrant issued under section 39 , 40 , 122 , 157(2) , 205(2)(b) , or 386 in the execution of that warrant. (2A) The use of a facsimile copy of a warrant may be authorised when the warrant is issued, or later. (2B) Subsection (2) is subject to subsection (3). (3) No authorisation may be granted under subsection (2) of this section in relation to a warrant unless the District Court Judge, Justice, Community Magistrate, or Registrar is satisfied, having regard to the circumstances of the case, that any delay in executing the warrant that may be caused if a facsimile copy is not able to be used for that purpose would or might unduly prejudice the purpose for which the warrant was issued. (4) Where a District Court Judge, Justice, Community Magistrate, or Registrar grants an authorisation under subsection (2) of this section in relation to a warrant, the Judge, Justice, Community Magistrate, or Registrar, as the case may be, shall endorse on the face of the warrant— (a) The fact that a facsimile copy of the warrant may be used for the purpose of executing the warrant; and (b) The date and time at which the authorisation expires, which shall be the close of the third day after the day on which the authorisation is granted,— and shall sign that endorsement. (5) A facsimile copy of a warrant in respect of which an authorisation granted under this section is in force shall be treated, for all purposes, as if it were the warrant, and the provisions of this Act (including, without limitation, sections 445A and 445C and section 446(1)(a) and (b) of this Act) shall apply accordingly with all necessary modifications. (6) Without limiting any other enactment or rule of law, it is hereby declared that section 44 of the Policing Act 2008 (which relates to protection of Police employees for acts pursuant to process) applies in relation to a facsimile copy of a warrant in respect of which an authorisation granted under this section is in force as if that facsimile copy were the warrant. Sections 445A to 445C and the preceding heading were inserted, as from 2 September 1996, by section 2(1) Children, Young Persons, and Their Families Amendment Act 1996 (1996 No 112). Section 445B(2): substituted, on 20 September 2007, by section 4 of the Children, Young Persons, and Their Families Amendment Act 2007 (2007 No 46). Section 445B(2A): inserted, on 20 September 2007, by section 4 of the Children, Young Persons, and Their Families Amendment Act 2007 (2007 No 46). Section 445B(2B): inserted, on 20 September 2007, by section 4 of the Children, Young Persons, and Their Families Amendment Act 2007 (2007 No 46). Subsections (2) to (4) were amended, as from 30 June 1998, by section 7 District Courts Amendment Act 1998 (1998 No 76), by inserting “ Community Magistrate, ” . Section 445B(6): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).