SURVEILLANCE DEVICES ACT 1999 - SECT 15 Application for surveillance device warrant

SURVEILLANCE DEVICES ACT 1999 - SECT 15

    (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.

S. 15(5) amended by No. 6/2018 s. 68(Sch. 2 item 121.1).

    (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

S. 15(5)(b) amended by No. 6/2018 s. 68(Sch. 2 item 121.1).

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

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

    (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

S. 15(6)(b) amended by No. 6/2018 s. 68(Sch. 2 item 121.2).

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

S. 15(6A) inserted by No. 72/2011 s. 32.

    (6A)     The applicant must notify a Public Interest Monitor of the application in accordance with the regulations under the Public Interest Monitor Act 2011 .

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

S. 16 substituted by No. 26/2004 s. 9.