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SURVEILLANCE DEVICES ACT 1999 - SECT 20E Determining the application

SURVEILLANCE DEVICES ACT 1999 - SECT 20E

Determining the application

    (1)     A Supreme Court judge or magistrate may issue a retrieval warrant if the judge or magistrate is satisfied—

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

S. 20E(1)(b) amended by No. 6/2018 s. 68(Sch. 2 item 121.4).

        (b)     in the case of an unsworn application—that it would have been impracticable for an affidavit to have been prepared or sworn or affirmed 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 retrieval warrant should be issued, the judge or magistrate must have regard to—

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

S. 20E(2)(b) amended by No. 72/2011 s. 36(1).

        (b)     the public interest in retrieving the device sought to be retrieved; and

S. 20E(2)(c) inserted by No. 72/2011 s. 36(2).

        (c)     any submissions made by a Public Interest Monitor.

S. 20E(3) inserted by No. 33/2018 s. 103.

    (3)     A retrieval warrant may be issued in paper form or electronically.

S. 20F inserted by No. 26/2004 s. 9.