Crimes (Surveillance Devices) Act 2010

A judge or magistrate may issue a retrieval 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 retrieval warrant should be issued, the judge or magistrate must have regard to—

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

the public interest in retrieving the device sought to be retrieved.