Victorian Consolidated Legislation

Surveillance Devices Act 1999 - SECT 20F

What must a retrieval warrant contain?

20F. What must a retrieval warrant contain?



(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.

(2) A warrant must be signed by the person issuing it and include their name.





(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.