Crimes (Surveillance Devices) Act 2010

A law enforcement officer (or another person on the officer’s behalf) may apply for the issue of a retrieval warrant in relation to a surveillance device that—

was lawfully installed on premises, or in or on an object, under a surveillance device warrant; and

the law enforcement officer suspects or believes on reasonable grounds is still on those premises or in or on that object, or on other premises or in or on another object.

The application may be made to—

a judge; or

for an application for a retrieval warrant authorising the retrieval of a tracking device only—a magistrate.

Subject to this section, an application must be supported by an affidavit setting out the grounds on which the warrant is sought.

An application for a retrieval warrant may be made before an affidavit is prepared or sworn if a law enforcement officer believes that—

the immediate retrieval of a surveillance device is necessary; and

it is impracticable for an affidavit to be prepared or sworn before an application for a warrant is made.

If subsection (4) applies, the applicant must—

give as much information as the judge or magistrate considers is reasonably practicable in the circumstances; and

not later than 72 hours after making the application, send a sworn affidavit to the judge or magistrate who determined the application, whether or not a warrant has been issued.

An application for a warrant must not be heard in open court.