New South Wales Consolidated Acts

SURVEILLANCE DEVICES ACT 2007 - SECT 19

19 Determining the application

(1) An eligible Judge or eligible Magistrate may issue a surveillance device warrant if satisfied:

(a) that there are reasonable grounds for the suspicion or belief founding the application for the warrant, and

(b) in the case of an unsworn application-that it would have been impracticable for the application to have been prepared or sworn 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 or that the application could not be made in person because the surveillance device needed to be used immediately.

(2) In determining whether a surveillance device warrant should be issued, the eligible Judge or eligible Magistrate must have regard to:

(a) the nature and gravity of the alleged offence in respect of which the warrant is sought, and

(b) the extent to which the privacy of any person is likely to be affected, and

(c) the existence of any alternative means of obtaining the evidence or information sought to be obtained and the extent to which those means may assist or prejudice the investigation, and

(d) the extent to which the information sought to be obtained would assist the investigation, and

(e) the evidentiary value of any information sought to be obtained, and

(f) any previous warrant sought or issued under this Part or a corresponding law (if known) in connection with the same offence.