• Specific Year
    Any

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 –
(i) the terms of the warrant; and
(ii) the date on which and the time at which the warrant was issued –
and cause those details to be recorded and kept by the Supreme Court or magistrate; and
(b) the Supreme Court or magistrate must provide the applicant with a signed copy of the warrant as soon as practicable.