Crimes (Surveillance Devices) Act 2010

A judge or magistrate may issue a surveillance device warrant if satisfied that—

there are reasonable grounds for the suspicion or belief founding the application for the warrant; and

for an unsworn application—it would have been impracticable for an affidavit to have been prepared or sworn before the application was made; and

for a remote application—it would have been impracticable for the application to have been made in person.

In deciding whether a surveillance device warrant should be issued, the judge or magistrate must have regard to the following:

the nature and gravity of the alleged offence or corrupt conduct in relation to which the warrant is sought;

the extent to which the privacy of any person is likely to be affected;

the existence of any alternative means of obtaining the evidence or information sought to be obtained and the extent to which those means may assist or prejudice the investigation;

the evidentiary or intelligence value of any information sought to be obtained;

any previous warrant sought or issued under this division or a corresponding law (if known) in connection with the same offence or corrupt conduct.