POLICE POWERS (SURVEILLANCE DEVICES) ACT 2006 - SECT 12 What must a surveillance device warrant contain?
POLICE POWERS (SURVEILLANCE DEVICES) ACT 2006 - SECT 12
What must a surveillance device warrant contain?
(1) A surveillance device warrant must (a) state that the Supreme Court or magistrate is satisfied of the matters referred to in section 11(1) and has had regard to the matters referred to in section 11(2) ; and(b) specify (i) the name of the applicant; and(ii) the alleged offence in respect of which the warrant is issued; and(iii) the date on which and the time at which the warrant is issued; and(iv) the kind of surveillance device authorised to be used; and(v) if the warrant authorises the use of a surveillance device on premises, the premises on which the use of the surveillance device is authorised or to which entry is authorised in relation to the use of a surveillance device on other premises; and(vi) if the warrant authorises the use of a surveillance device in or on an object or class of objects, the object or class of objects in or on which the use of the surveillance device is authorised; and(vii) if the warrant authorises the use of a surveillance device in respect of the conversations, activities or geographical location of a person, the name of the person (if known); and(viii) if the warrant authorises the use of a surveillance device in a participating jurisdiction, the participating jurisdiction in which it may be used; and(ix) the period during which the warrant is in force, being a period not exceeding 90 days; and(x) the name of the law enforcement officer primarily responsible for executing the warrant; and(xi) any conditions subject to which premises may be entered, or a surveillance device may be used, under the warrant; and(xii) the time within which a report in respect of the warrant must be made to the Supreme Court or magistrate under section 29 .(2) In the case of a warrant referred to in subsection (1)(b)(vii) , if the identity of the person is unknown, the warrant must state that fact.(3) A warrant must be signed by the person issuing it and include their name.(4) If the Supreme Court or a magistrate issues a warrant on a remote application (a) the Supreme Court or magistrate must inform the applicant of and cause those details to be recorded and kept by the Supreme Court or magistrate; and(i) the terms of the warrant; and(ii) the date on which and the time at which the warrant was issued (b) the Supreme Court or magistrate must provide the applicant with a signed copy of the warrant as soon as practicable.