SURVEILLANCE DEVICES ACT 2007 - SECT 19 Application for surveillance device warrant

SURVEILLANCE DEVICES ACT 2007 - SECT 19

    (1)     A law enforcement officer (or another person on the officer's behalf) may apply for the issue of a surveillance device warrant if the law enforcement officer reasonably believes:

        (a)     an offence has been, is being, is about to be or is likely to be committed; and

        (b)     the use of a surveillance device is or will be necessary for the purpose of an investigation into the offence or of enabling evidence or information to be obtained of the commission of the offence or the identity or location of the offender.

    (1A)     An ICAC officer (or another person on the officer's behalf) may apply for the issue of a surveillance device warrant if the ICAC officer reasonably believes:

        (a)     improper conduct has been, is being, is about to be or is likely to be committed; and

        (b)     the use of a surveillance device is or will be necessary for the purpose of an investigation into improper conduct.

    (2)     The application may be made to:

        (a)     a Supreme Court Judge in any case; or

        (b)     a Local Court Judge in the case of an application for a warrant authorising the use of a tracking device only.

    (3)     The application must:

        (a)     state the name of the applicant; and

        (b)     state the nature and duration of the warrant sought, including the kind of surveillance device sought to be authorised; and

        (c)     be supported by an affidavit stating the grounds on which the warrant is sought.

    (4)     However, the application may be made before an affidavit is prepared or made if the applicant reasonably believes:

        (a)     the immediate use of a surveillance device is necessary for a purpose mentioned in subsection (1)(b) or (1A); and

        (b)     it is impracticable for an affidavit to be prepared or made before an application is made.

    (5)     If subsection (4) applies, the applicant must:

        (a)     give as much information as the Judge considers is reasonably practicable in the circumstances; and

        (b)     not later than the day following the making of the application, send a duly made affidavit to the Judge, regardless of whether a warrant is issued.

    (6)     The Judge may require the applicant or another person to give, either orally or by affidavit, further information in support of the application.

    (7)     An application for a warrant must not be heard in open court.

    (8)     In subsection (1A):

"investigation", see section 4 of the ICAC Act.