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LISTENING DEVICES ACT 1984 - SECT 16 Warrants authorising use of listening devices

This legislation has been repealed.

LISTENING DEVICES ACT 1984 - SECT 16

Warrants authorising use of listening devices

16 Warrants authorising use of listening devices

(1) Upon application made by a person that the person suspects or believes:
(a) that a prescribed offence has been, is about to be or is likely to be committed, and
(b) that, for the purpose of an investigation into that offence or of enabling evidence to be obtained of the commission of the offence or the identity of the offender, the use of a listening device is necessary,
an eligible Judge may, if satisfied that there are reasonable grounds for that suspicion or belief, authorise, by warrant, the use of the listening device.
(2) In determining whether a warrant should be granted under this section, the eligible Judge shall have regard to:
(a) the nature of the prescribed offence in respect of which the warrant is sought,
(b) the extent to which the privacy of any person is likely to be affected,
(c) alternative means of obtaining the evidence or information sought to be obtained,
(d) the evidentiary value of any evidence sought to be obtained, and
(e) any previous warrant sought or granted under this Part in connection with the same prescribed offence.
(3) Where a warrant granted by an eligible Judge under this section authorises the installation of a listening device on any premises, the eligible Judge shall, by the warrant:
(a) authorise and require the retrieval of the listening device, and
(b) authorise entry onto those premises for the purpose of that installation and retrieval.
(4) A warrant granted by an eligible Judge under this section shall specify:
(a) the prescribed offence in respect of which the warrant is granted,
(b) where practicable, the name of any person whose private conversation may be recorded or listened to by the use of a listening device pursuant to the warrant,
(c) the period (being a period not exceeding 21 days or, if the offence is a terrorism offence, 90 days) during which the warrant is in force,
(d) the name of any person who may use a listening device pursuant to the warrant and the persons who may use the device on behalf of that person,
(e) where practicable, the premises on which a listening device is to be installed, or the place at which a listening device is to be used, pursuant to the warrant,
(f) any conditions subject to which premises may be entered, or a listening device may be used, pursuant to the warrant, and
(g) the time within which the person authorised to use a listening device pursuant to the warrant is required to report pursuant to section 19 to an eligible Judge and the Attorney General.
(5) A warrant granted under this section may be revoked by an eligible Judge at any time before the expiration of the period specified in the warrant pursuant to subsection (4) (c).
(6) Subsection (4) (c) shall not be construed as preventing the grant of a further warrant under this section in respect of a prescribed offence in respect of which a warrant has, or warrants have, previously been granted.
(6A) A warrant under this section may be in or to the effect of the form set out in Schedule 2.
(6B) If an eligible Judge grants a further warrant under this section before the expiry of an existing warrant in respect of the same premises, the requirement to retrieve the listening device under the existing warrant is waived by force of this subsection, and the listening device is taken to be installed under the further warrant.
(7) The regulations may provide that, in such circumstances as are prescribed, the functions of an eligible Judge under this section may be exercised by an eligible judicial officer. For that purpose a reference in sections 16, 17, 19 and 20A to an eligible Judge is to be read and construed as a reference to an eligible judicial officer.
(8) In this section:

"terrorism offence" means an offence under Part 6B of the Crimes Act 1900 or an offence against section 101.1, 101.2, 101.4, 101.5, 101.6, 102.2, 102.3, 102.4, 102.5, 102.6, 102.7 or 103.1 of the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth.