SURVEILLANCE DEVICES ACT 2004 - SECT 22 Application for retrieval warrant

SURVEILLANCE DEVICES ACT 2004 - SECT 22

  (1)   A law enforcement officer (or another person on his or her behalf) may apply for the issue of a retrieval warrant in respect of a surveillance device that:

  (a)   was lawfully installed on premises, or in or on an object, under:

  (i)   a surveillance device warrant; or

  (ii)   a tracking device authorisation; and

  (b)   the law enforcement officer suspects on reasonable grounds is still on those premises or in or on that object, or on other premises or in or on another object.

  (2)   The application may be made to an eligible Judge or to a nominated AAT member.

  (3)   Subject to this section, the application must be supported by an affidavit setting out the grounds on which the retrieval warrant is sought.

  (4)   If a law enforcement officer believes that:

  (a)   the immediate retrieval of a surveillance device is necessary; and

  (b)   it is impracticable for an affidavit to be prepared or sworn before the application for a retrieval warrant is made;

the application may be made before an affidavit is prepared or sworn.

  (5)   If subsection   (4) 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 following the making of the application, send a duly sworn affidavit to the eligible Judge or nominated AAT member who determined the application, whether or not a warrant has been issued.