SURVEILLANCE DEVICES ACT 2007 (NO 19 OF 2007) - SECT 29 Deciding application

SURVEILLANCE DEVICES ACT 2007 (NO 19 OF 2007) - SECT 29

    (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.