New South Wales Consolidated Acts

SURVEILLANCE DEVICES ACT 2007 - SECT 28

28 What must a retrieval warrant contain?

(1) A retrieval warrant must:

(a) state that the eligible Judge or eligible Magistrate is satisfied of the matters referred to in section 27 (1) and has had regard to the matters referred to in section 27 (2), and

(b) specify:

(i) the name of the applicant, and

(ii) the date the warrant is issued, and

(iii) the kind of surveillance device authorised to be retrieved, and

(iv) the premises or vehicle or other object from which the surveillance device is to be retrieved, and

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

(vi) the name of the law enforcement officer to whom the warrant is issued, or who is primarily responsible for executing the warrant, and

(vii) the conditions subject to which premises or a vehicle may be entered under the warrant.

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

(3) If the eligible Judge or eligible Magistrate issues a warrant on a remote application:

(a) the Judge or 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 eligible Judge or eligible Magistrate for that purpose, and

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