Victorian Consolidated Legislation

Surveillance Devices Act 1999 - SECT 18

What must a surveillance device warrant contain?

18. What must a surveillance device warrant contain?



(1) A surveillance device warrant must-

   (a)  state that the judge or magistrate is satisfied of the matters
        referred to in section 17(1) and has had regard to the matters
        referred to in section 17(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 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; and

   (vi) if the warrant authorises the use of a surveillance device in or on an
        object or class of object-the object or class of object 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) the period during which the warrant is in force, being a period not
        exceeding 90 days; and

   (ix) the name of the law enforcement officer primarily responsible for
        executing the warrant; and

   (x)  any conditions subject to which premises may be entered, or a
        surveillance device may be used, under the warrant; and

   (xi) the time within which a report in respect of the warrant must be made
        to the judge or magistrate under section 30K.

(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 judge or magistrate issues a warrant on a remote application-

   (a)  the judge 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 entered in a register kept by the judge or
        magistrate for the purpose; and

   (b)  the judge or magistrate must provide the applicant with a copy of the
        warrant as soon as practicable.