SURVEILLANCE DEVICES ACT 1999 - SECT 20F What must a retrieval warrant contain?

SURVEILLANCE DEVICES ACT 1999 - SECT 20F

    (1)     A retrieval warrant must—

        (a)     state that the judge or magistrate is satisfied of the matters referred to in section 20E(1) and has had regard to the matters referred to in section 20E(2); and

        (b)     specify—

              (i)     the name of the applicant; and

              (ii)     the date the warrant is issued; and

              (iii)     the kind of surveillance device authorised to be retrieved; and

              (iv)     the premises or object from which the surveillance device is to be retrieved; and

              (v)     the period (not exceeding 90 days) during which the warrant is in force; and

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

              (vii)     any conditions subject to which premises may be entered under the warrant; and

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

S. 20F(2) substituted by No. 33/2018 s. 104.

    (2)     A retrieval warrant must—

        (a)     be signed by the person issuing it (either by hand or with an electronic signature); and

        (b)     include the name of the person issuing it.

    (3)     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.

S. 20G inserted by No. 26/2004 s. 9.