Victorian Consolidated Legislation

Surveillance Devices Act 1999 - SECT 17

Determining the application

17. Determining the application



(1) A Supreme Court judge or magistrate may issue a surveillance device
warrant if satisfied-

   (a)  that there are reasonable grounds for the suspicion or belief founding
        the application for the warrant; and

   (b)  in the case of an unsworn application-that it would have been
        impracticable for an affidavit to have been prepared or sworn before
        the application was made; and

   (c)  in the case of a remote application-that it would have been
        impracticable for the application to have been made in person.

(2) In determining whether a surveillance device warrant should be issued, the
judge or magistrate must have regard to-

   (a)  the nature and gravity of the alleged offence in respect of which the
        warrant is sought; and

   (b)  the extent to which the privacy of any person is likely to be
        affected; and

   (c)  the existence of any alternative means of obtaining the evidence or
        information sought to be obtained and the extent to which those means
        may assist or prejudice the investigation; and

   (d)  the evidentiary or intelligence value of any information sought to be
        obtained; and

   (e)  any previous warrant sought or issued under this Division or a
        corresponding law (if known) in connection with the same offence.