Victorian Consolidated Legislation

Surveillance Devices Act 1999 - SECT 20E

Determining the application

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

   (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 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

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