Victorian Consolidated Legislation

Surveillance Devices Act 1999 - SECT 15

Application for surveillance device warrant

15. Application for surveillance device warrant



(1) A law enforcement officer (or another person on his or her behalf) may
apply for the issue of a surveillance device warrant if the law enforcement
officer on reasonable grounds suspects or believes that-

   (a)  an offence has been, is being, is about to be or is likely to be
        committed; and

   (b)  the use of a surveillance device is or will be necessary for the
        purpose of an investigation into that offence or of enabling evidence
        or information to be obtained of the commission of that offence or the
        identity or location of the offender.

(2) An application may be made only with the approval of-

   (a)  a senior officer of the law enforcement agency concerned; or

   (b)  an authorised police officer.

(3) The application may be made to-

   (a)  a Supreme Court judge in any case; or

   (b)  a magistrate in the case of an application for a surveillance device
        warrant authorising the use of a tracking device only.

(4) An application-

   (a)  must specify-

   (i)  the name of the applicant; and

   (ii) the nature and duration of the warrant sought, including the kind of
        surveillance device sought to be authorised; and

   (b)  subject to this section, must be supported by an affidavit setting out
        the grounds on which the warrant is sought.

(5) If a law enforcement officer believes that-

   (a)  the immediate use of a surveillance device is necessary for a purpose
        referred to in subsection (1)(b); and

   (b)  it is impracticable for an affidavit to be prepared or sworn before an
        application for a warrant is made-

an application for a warrant may be made before an affidavit is prepared or
sworn.

(6) If subsection (5) applies, the applicant must-

   (a)  provide as much information as the judge or magistrate considers is
        reasonably practicable in the circumstances; and

   (b)  not later than the day following the making of the application, send a
        duly sworn affidavit to the judge or magistrate, whether or not a
        warrant has been issued.

(7) An application for a warrant is not to be heard in open court.