SURVEILLANCE DEVICES ACT 2004 - SECT 14 Application for surveillance device warrant
SURVEILLANCE DEVICES ACT 2004 - SECT 14
Application for surveillance device warrantWarrants sought for offence investigations
(1) A law enforcement officer (or another person on his or her behalf) may apply for the issue of a surveillance device warrant if the law enforcement officer suspects on reasonable grounds that:
(a) one or more relevant offences have been, are being, are about to be, or are likely to be, committed; and
(b) an investigation into those offences is being, will be, or is likely to be, conducted; and
(c) the use of a surveillance device is necessary in the course of that investigation for the purpose of enabling evidence to be obtained of the commission of the relevant offences or the identity or location of the offenders.
(2) If the application is being made by or on behalf of a State or Territory law enforcement officer, the reference in subsection (1) to a relevant offence does not include a reference to a State offence that has a federal aspect.
Warrants sought for recovery orders
(3) A law enforcement officer (or another person on his or her behalf) may apply for the issue of a surveillance device warrant if:
(a) a recovery order is in force; and
(b) the law enforcement officer suspects on reasonable grounds that the use of a surveillance device may assist in the location and safe recovery of the child to whom the recovery order relates.
Warrants sought for international assistance investigations
(3A) A law enforcement officer (or a person on his or her behalf) may apply for the issue of a surveillance device warrant if he or she:
(a) is authorised to do so under an international assistance authorisation; and
(b) suspects on reasonable grounds that the use of a surveillance device is necessary, in the course of the investigation, proceeding or investigative proceeding to which the authorisation relates, for the purpose of enabling evidence to be obtained of:
(i) the commission of an offence to which the authorisation relates; or
(ii) the identity or location of the persons suspected of committing the offence.
Warrants sought for integrity operations
(3B) A federal law enforcement officer (or another person on his or her behalf) may apply for the issue of a surveillance device warrant if:
(a) an integrity authority is in effect authorising an integrity operation in relation to an offence that it is suspected has been, is being or is likely to be committed by a staff member of a target agency; and
(b) the federal law enforcement officer suspects on reasonable grounds that the use of a surveillance device will assist the conduct of the integrity operation by:
(i) recording or monitoring the operation; and
(ii) enabling evidence to be obtained relating to the commission of the offence or the integrity, location or identity of any staff member of the target agency.
Warrants sought for post - sentence order applications
(3BA) A law enforcement officer (or another person on the officer's behalf) may apply for the issue of a surveillance device warrant if:
(a) a person is a terrorist offender in relation to whom an application for a post - sentence order could be made; and
(b) the person is detained in custody in a prison; and
(c) the officer suspects on reasonable grounds that there is an appreciable risk of the person committing a serious Part 5.3 offence; and
(d) consideration is being given, will be given, or is likely to be given, by the AFP Minister (or a person on behalf of the AFP Minister), as to whether to apply for a post - sentence order in relation to the person; and
(e) the officer suspects on reasonable grounds that the use of a surveillance device to obtain information would be likely to assist in determining whether to apply for the post - sentence order.
Warrants sought for Part 5.3 supervisory orders
(3C) A law enforcement officer (or another person on his or her behalf) may apply for the issue of a surveillance device warrant if:
(a) a Part 5.3 supervisory order is in force in relation to a person; and
(b) the law enforcement officer suspects on reasonable grounds that the use of a surveillance device to obtain information relating to the person would be likely to substantially assist in:
(i) achieving a Part 5.3 object; or
(ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with.
Note: For Part 5.3 supervisory orders that have been made but not come into force, see section 6C.
Warrants sought for Part 9.10 order applications
(3D) A law enforcement officer (or another person on the officer's behalf) may apply for the issue of a surveillance device warrant if:
(a) a person is a serious offender in relation to whom an application for a Part 9.10 order could be made; and
(b) the officer suspects on reasonable grounds that there is an appreciable risk of the person committing a serious violent or sexual offence; and
(c) consideration is being given, will be given, or is likely to be given, by the Immigration Minister (or a person on behalf of the Immigration Minister), as to whether to apply for a Part 9.10 order in relation to the person; and
(d) the officer suspects on reasonable grounds that the use of a surveillance device to obtain information would be likely to assist in determining whether to apply for the Part 9.10 order.
Warrants sought for community safety supervision orders
(3E) A law enforcement officer (or another person on the officer's behalf) may apply for the issue of a surveillance device warrant if:
(a) a community safety supervision order is in force in relation to a person; and
(b) the law enforcement officer suspects on reasonable grounds that the use of a surveillance device to obtain information relating to the person would be likely to substantially assist in:
(i) achieving a Part 9.10 object; or
(ii) determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with.
Note: For community safety supervision orders that have been made but not come into force, see section 6E.
Procedure for making applications
(4) The application under subsection (1), (3), (3A), (3B), (3BA), (3C), (3D) or (3E) may be made to an eligible Judge or to a nominated AAT member.
(i) the name of the applicant; and
(ii) the nature and duration of the warrant sought, including the kind of surveillance device or devices sought to be authorised; and
(b) subject to this section, must be supported by an affidavit setting out the grounds on which the warrant is sought.
(6) If a law enforcement officer believes that:
(a) the immediate use of a surveillance device is necessary for a purpose referred to in paragraph (1)(c) or may assist as described in paragraph (3)(b), or would be likely to substantially assist as described in paragraph (3C)(b) or (3E)(b); and
(b) it is impracticable for an affidavit to be prepared or sworn before an application for a warrant is made;
an application for a warrant may be made before an affidavit is prepared or sworn.
(7) If subsection (6) applies, the applicant must:
(a) provide as much information as the eligible Judge or nominated AAT member considers is reasonably practicable in the circumstances; and
(b) not later than 72 hours after the making of the application,
send a duly sworn affidavit to the Judge or member, whether or not a warrant
has been issued.