What must a surveillance device warrant contain?
14 What must a surveillance device warrant contain?
A surveillance device warrant must—
state that the judge or magistrate is satisfied of the matters mentioned in section 13 (1) and has had regard to the matters mentioned in section 13 (2); and
state the following:
the name of the applicant;
the alleged offence or corrupt conduct in relation to which the warrant is issued;
the date the warrant is issued;
the kind of surveillance device authorised to be used;
if the warrant authorises the use of a surveillance device on premises—the premises where the use of the surveillance device is authorised;
if the warrant authorises the use of a surveillance device in or on an object or class of object—the object or class of object in or on which the use of the surveillance device is authorised;
if the warrant authorises the use of a surveillance device in relation to the conversations, activities or geographical location of a person—the name of the person (if known);
the period (not more than 90 days) during which the warrant is in force;
the name of the law enforcement officer primarily responsible for executing the warrant;
any conditions subject to which premises may be entered, or a surveillance device may be used, under the warrant.
For a warrant mentioned in subsection (1) (b) (vii), if the identity of the person is unknown, the warrant must state that fact.
A warrant must be signed by the person issuing it and include the person’s name.
If the judge or magistrate issues a warrant on a remote application, the judge or magistrate must—
tell the applicant—
the terms of the warrant; and
the date and time the warrant was issued; and
enter the terms and date mentioned in paragraph (a) in a register kept by the judge or magistrate for the purpose; and
give the applicant a copy of the warrant as soon as practicable.
This Act’s bill:Explanatory statementSecond reading speech
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