New South Wales Consolidated Acts

SURVEILLANCE DEVICES ACT 2007 - SECT 25

25 Application for a retrieval warrant

(1) A law enforcement officer (or another person on his or her behalf) may apply for the issue of a retrieval warrant in respect of a surveillance device that was lawfully installed on premises, or in or on a vehicle or other object, under a surveillance device warrant and which the law enforcement officer on reasonable grounds suspects or believes is still on those premises or in or on that vehicle or object, or on other premises or in or on another vehicle or other object.

(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 retrieval warrant authorising the retrieval of a tracking device only.

(3) Subject to this section, an application 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 retrieval of a surveillance device is necessary, and

(b) it is impracticable for an affidavit to be prepared or 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 who determined the application, whether or not a warrant has been issued.

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