Commonwealth Consolidated Acts

SURVEILLANCE DEVICES ACT 2004 - SECT 17

             (1)  A surveillance device warrant must:

                     (a)  state that the eligible Judge or nominated AAT member issuing the warrant is satisfied of the matters referred to in subsection 16(1) and has had regard to the matters referred to in subsection 16(2); and

                     (b)  specify:

                              (i)  the name of the applicant; and

                             (ii)  if the warrant relates to one or more alleged relevant offences--the alleged offences in respect of which the warrant is issued; and

                            (iii)  if the warrant relates to a recovery order--the date the order was made and the name of the child to whom the order relates; and

                            (iv)  the date the warrant is issued; and

                             (v)  the surveillance device or devices authorised to be used; and

                            (vi)  if the warrant authorises the use of a surveillance device on premises--the premises on which the use of the surveillance device is authorised; and

                           (vii)  if the warrant authorises the use of a surveillance device in or on an object or class of object--the object or class of object in or on which the use of the surveillance device is authorised; and

                           (viii)  if the warrant authorises the use of a surveillance device in respect of the conversations, activities or location of a person--the name of the person (if known) or the fact that the person's identity is unknown; and

                            (ix)  the period during which the warrant is in force, being a period not exceeding 90 days; and

                             (x)  the name of the law enforcement officer primarily responsible for executing the warrant; and

                            (xi)  any conditions subject to which premises may be entered, or a surveillance device may be used, under the warrant.

             (2)  In the case of a warrant authorising the use of a surveillance device on premises that are vehicles, the warrant need only specify the class of vehicle in relation to which the use of the surveillance device is authorised.

             (3)  A warrant must be signed by the person issuing it and include his or her name.

             (4)  As soon as practicable after completing and signing a warrant issued on a remote application, the person issuing it must:

                     (a)  inform the applicant of:

                              (i)  the terms of the warrant; and

                             (ii)  the date on which and the time at which the warrant was issued; and

                     (b)  give the warrant to the applicant while retaining a copy of the warrant for the person's own record.