New South Wales Consolidated Acts

SURVEILLANCE DEVICES ACT 2007 - SECT 20

20 What must a surveillance device warrant contain?

(1) A surveillance device warrant must:

(a) state that the eligible Judge or eligible Magistrate is satisfied of the matters referred to in section 19 (1) and has had regard to the matters referred to in section 19 (2), and

(b) specify:

(i) the name of the applicant, and

(ii) the alleged offence in respect of which the warrant is issued, and

(iii) the date the warrant is issued, and

(iv) the kind of surveillance device authorised to be used, and

(v) if the warrant authorises the use of a surveillance device on or in premises or a vehicle-the premises or vehicle on or in which the use of the surveillance device is authorised, and

(vi) if the warrant authorises the use of a surveillance device in or on an object or class of object-the object or class of object in or on which the use of the surveillance device is authorised, and

(vii) if the warrant authorises the use of a surveillance device on or about the body of a person-the name of the person, and

(viii) if the warrant authorises the use of a surveillance device in respect of the conversations, activities or geographical location of a person-the name of the person (if known), and

(ix) the period during which the warrant is in force, being a period not exceeding 90 days, and

(x) the name of the law enforcement officer primarily responsible for executing the warrant, and

(xi) any conditions subject to which premises or vehicle may be entered, or a surveillance device used, under the warrant.

(2) In the case of a warrant referred to in subsection (1) (b) (vii), if the identity of the person is unknown, the warrant must state that fact.

(3) A warrant must be signed by the eligible Judge or eligible Magistrate issuing it and include his or her name.

(4) If an eligible Judge or eligible Magistrate issues a warrant on a remote application:

(a) the eligible Judge or eligible Magistrate must inform the applicant of:

(i) the terms of the warrant, and

(ii) the date on which and the time at which the warrant was issued,

and cause those details to be entered in a register kept by the Judge or Magistrate for that purpose, and

(b) the Judge or Magistrate must provide the applicant with a copy of the warrant as soon as possible.