LISTENING DEVICES ACT 1984 - SECT 17 Particulars of warrants sought under section 16 to be notified to Attorney General

This legislation has been repealed.

LISTENING DEVICES ACT 1984 - SECT 17

17 Particulars of warrants sought under section 16 to be notified to Attorney General

(1) A person seeking a warrant under section 16 shall cause to be served on the Attorney General or a prescribed officer notice of the following particulars:

(a) the prescribed offence in respect of which the warrant is sought,

(b) where practicable, the type of listening device intended to be used,

(c) where practicable, the name of any person whose private conversation is intended to be recorded or listened to by the use of the listening device,

(d) where practicable, the premises on which the listening device is intended to be installed or the place at which the listening device is intended to be used,

(e) whether any attempt has been made to obtain by alternative means the evidence or information sought and, if so, the result of any such attempt,

(f) any other alternative means of obtaining the evidence or information sought to be obtained,

(g) the period during which the listening device is intended to be used,

(h) the name of the person who is to use the listening device,

(i) details of any previous warrant sought or granted under this Part in connection with the same prescribed offence.

(2) A warrant shall not be granted under section 16 unless the eligible Judge is satisfied that:

(a) a notice in respect of the warrant has been served in accordance with this section, and

(b) the Attorney General has had an opportunity to be heard in relation to the granting of the warrant.

(3) A notice required by this section to be served on a person may be served:

(a) by delivering it personally to the person, or

(b) by sending it by facsimile transmission to a number specified by the person (in correspondence or otherwise) as a number to which facsimile transmissions to that person may be sent.