Victorian Consolidated Legislation

Surveillance Devices Act 1999 - SECT 20C

Application for retrieval warrant

20C. Application for retrieval warrant



(1) A law enforcement officer (or another person on his or her behalf) may
apply for the issue of a retrieval warrant in respect of a surveillance device
that was lawfully installed on premises, or in or on an object, under a
surveillance device warrant and which the law enforcement officer on
reasonable grounds suspects or believes is still on those premises or in or on
that object, or on other premises or in or on another object.





(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 retrieval warrant
        authorising the retrieval of a tracking device only.

(4) Subject to this section, an application 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 retrieval of a surveillance device is necessary; 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 who determined the
        application, whether or not a warrant has been issued.

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