Northern Territory Consolidated Acts

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SURVEILLANCE DEVICES ACT 2007 - SECT 29

Deciding application

29. Deciding application

(1) A Judge or magistrate may issue a retrieval warrant if satisfied:

(a) there are reasonable grounds for the belief founding the application for the warrant; and

(b) in the case of an unsworn application - it would have been impracticable for an affidavit to have been prepared or sworn before the application was made; and

(c) in the case of a remote application - it would have been impracticable for the application to have been made in person.

(2) In deciding whether a retrieval warrant should be issued, the Judge or magistrate must have regard to:

(a) the extent to which anyone's privacy is likely to be affected; and

(b) the public interest in retrieving the device sought to be retrieved.



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