SURVEILLANCE DEVICES ACT 2004 - SECT 24 Determining the application

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.