New South Wales Consolidated Acts

SURVEILLANCE DEVICES ACT 2007 - SECT 27

27 Determining the application

(1) An eligible Judge or eligible Magistrate may issue a retrieval warrant if the Judge or Magistrate is 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 be impracticable for an affidavit to have been 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.

(2) In determining whether a retrieval warrant should be issued, the eligible Judge or eligible Magistrate 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.