New South Wales Consolidated Acts

SURVEILLANCE DEVICES ACT 2007 - SECT 17

17 Application for a surveillance device warrant

(1) A law enforcement officer (or another person on his or her behalf) may apply for the issue of a surveillance device warrant if the law enforcement officer on reasonable grounds suspects or believes that:

(a) a relevant offence has been, is being, is about to be or is likely to be committed, and

(b) an investigation into that offence is being, will be or is likely to be conducted in this jurisdiction or in this jurisdiction and in one or more participating jurisdictions, and

(c) the use of a surveillance device is necessary for the purpose of an investigation into that offence to enable evidence to be obtained of the commission of that offence or the identity or location of the offender.

(2) The application may be made to:

(a) an eligible Judge in any case, or

(b) an eligible Magistrate in the case of an application for a surveillance device warrant authorising the use of a tracking device only.

(3) An application:

(a) must specify:

(i) the name of the applicant, and

(ii) the nature and duration of the warrant sought, including the kind of surveillance device sought to be authorised, and

(b) subject to this section, must be supported by an affidavit setting out the grounds on which the warrant is sought.

(4) If a law enforcement officer believes that:

(a) the immediate use of a surveillance device is necessary for a purpose referred to in subsection (1) (c), and

(b) it is impracticable for an affidavit to be sworn before an application for a warrant is made,

an application for a warrant 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 eligible Magistrate 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 eligible Magistrate, whether or not a warrant has been issued.

(6) An application for a warrant is not to be heard in open court.