Commonwealth Consolidated Acts

SURVEILLANCE DEVICES ACT 2004 - SECT 24

             (1)  An eligible Judge or nominated AAT member may issue a retrieval warrant if the Judge or member is satisfied:

                     (a)  that there are reasonable grounds for the suspicion founding the application for the warrant; and

                     (b)  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

                     (c)  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 retrieval warrant should be issued, the eligible Judge or nominated AAT member must have regard to:

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

                     (b)  the public interest in retrieving the device sought to be retrieved.