(1) This section applies if the chairperson reasonably believes a person has
been, is, or is likely to be, involved in corruption being investigated by the
commission.
(2) An authorised commission officer may, with the
chairperson’s approval, apply to a Supreme Court judge for a warrant (
"surveillance warrant" ) authorising the use of a surveillance device.
(3)
For subsection (2) , an authorised commission officer who is a police officer
must be of at least the rank of inspector.
(4) The application must—
(a) be
sworn and state the grounds on which the warrant is sought; and
(b) fully
disclose all matters, of which the authorised commission officer is aware,
both favourable and adverse to the issuing of the warrant sought; and
(c)
include information stated under a regulation about any warrants issued within
the previous year in relation to the person or the place specified in the
application.
(5) The place specified in the application (the
"relevant place" ) may be a public place and may be described by reference to
a class of place.
(6) Subsection (4) (c) only applies to—
(a) information
kept in a register that the officer may inspect; and
(b) information the
officer otherwise actually knows.
(7) The applicant must advise the public
interest monitor of the application under arrangements decided by the monitor.
(8) The judge may refuse to consider the application until the applicant gives
the judge all the information the judge requires about the application in the
way the judge requires.
Example—
The judge may require additional
information supporting the application to be given by statutory declaration.
