SURVEILLANCE DEVICES ACT 1998 - SECT 16
SURVEILLANCE DEVICES ACT 1998 - SECT 16
16 . Radio/telephone applications for warrants
(1) Where it is
impractical for a person who is entitled to apply for a warrant under
section 15 to do so in person in accordance with that section, that person may
apply to a court for a warrant by means of a radio, telephone, video
recording, facsimile transmission or any other communication device.
(2) The court must not
issue a warrant following an application under this section if the court is
satisfied that it would be practical in the circumstances for an application
to be made and dealt with in accordance with section 15.
(3) An application
under this section is required, so far as is practicable in the circumstances,
to contain the same information and take the same form as an application under
section 15, but the affidavit referred to in that section may be prepared and
sworn after the application is made so long as it is sent to the court as
required by section 17(3).
(4) A person who is
entitled to apply for a warrant under this Act may cause an application to be
transmitted to the court under this section on his or her behalf by a member
of the police force of the State, an officer of the Corruption and Crime
Commission, an officer of a designated Commission or a member of the staff of
the Australian Crime Commission.
[Section 16 amended: No. 78 of 2003 s. 74; No. 74
of 2004 s. 72(3); No. 30 of 2006 s. 20.]