Commonwealth Consolidated Acts

SURVEILLANCE DEVICES ACT 2004 - SECT 16

             (1)  An eligible Judge or a nominated AAT member may issue a surveillance device warrant if satisfied:

                     (a)  in the case of a warrant sought in relation to a relevant offence--that there are reasonable grounds for the suspicion founding the application for the warrant; and

                     (b)  in the case of a warrant sought in relation to a recovery order--that such an order is in force and that there are reasonable grounds for the suspicion founding the application for the warrant; and

                     (c)  in the case of an unsworn application--that it would have been impracticable for an affidavit to have been sworn or prepared before the application was made; and

                     (d)  in the case of a remote application--that it would have been impracticable for the application to have been made in person.

             (2)  In determining whether a surveillance device warrant should be issued, the eligible Judge or nominated AAT member must have regard to:

                     (a)  in the case of a warrant sought in relation to a relevant offence--the nature and gravity of the alleged offence; and

                     (b)  in the case of a warrant sought to assist in the location and safe recovery of a child to whom a recovery order relates--the circumstances that gave rise to the making of the order; and

                     (c)  the extent to which the privacy of any person is likely to be affected; and

                     (d)  the existence of any alternative means of obtaining the evidence or information sought to be obtained; and

                     (e)  the likely evidentiary or intelligence value of any evidence or information sought to be obtained; and

                      (f)  any previous warrant sought or issued under this Division in connection with the same alleged offence or the same recovery order.