Surveillance Devices Act 2004

A surveillance device warrant must:

state that the eligible Judge or nominated ART member issuing the warrant is satisfied of the matters referred to in subsection 16(1) and has had regard to the matters referred to in subsections 16(2), (3), (3A), (4) and (5) (as the case requires); and

specify:

the name of the applicant; and

if the warrant relates to one or more alleged relevant offences—the alleged offences in respect of which the warrant is issued; and

if the warrant relates to a recovery order—the date the order was made and the name of the child to whom the order relates; and

if the warrant relates to an international assistance authorisation—each offence to which the authorisation relates; and

if the warrant is issued for the purposes of an integrity operation—the integrity authority for the operation and each alleged relevant offence in relation to which the authority was granted; and

the date the warrant is issued; and

the surveillance device or devices authorised to be used; and

if the warrant authorises the use of a surveillance device on premises—the premises on which the use of the surveillance device is authorised; and

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; and

if the warrant authorises the use of a surveillance device in respect of the conversations, activities or location of a person—the name of the person (if known) or the fact that the person’s identity is unknown; and

the period during which the warrant is in force (see subsection (1A)); and

the name of the law enforcement officer primarily responsible for executing the warrant; and

any conditions subject to which premises may be entered, or a surveillance device may be used, under the warrant.

If a surveillance device warrant is issued to determine whether to apply for a post‑sentence order in relation to a person, the warrant must also specify the name of the person.

If a warrant is issued on the basis of a Part 5.3 supervisory order that is in force in relation to a person, the warrant must also specify the following details in relation to the order:

the name of the person;

the date the order was made;

if (disregarding section 6C) the order is not already in force and the order is not an interim control order—when the order comes into force;

whether the order is:

an interim control order; or

a confirmed control order; or

an interim supervision order; or

an extended supervision order.

If a surveillance device warrant is issued to determine whether to apply for a Part 9.10 order in relation to a person, the warrant must also specify the name of the person.

If a warrant is issued on the basis of a community safety supervision order that is in force in relation to a person, the warrant must also specify the following details in relation to the order:

the name of the person;

the date the order was made;

if (disregarding section 6E) the order is not already in force—when the order comes into force.

A warrant may only be issued:

for a period of no more than 90 days; or

if the warrant is issued for the purposes of an integrity operation—for a period of no more than 21 days.

The use of a surveillance device pursuant to a warrant may be discontinued earlier: see section 21.

To avoid doubt, a warrant issued on the basis that a Part 5.3 supervisory order is in force remains in force for the period mentioned in paragraph (1A)(a) even if the order ceases to be in force, provided that the order is replaced by a succeeding Part 5.3 supervisory order.

If there is no succeeding Part 5.3 supervisory order, the warrant must be revoked (see section 21).

A control order is not a succeeding Part 5.3 supervisory order in relation to an extended supervision order, and vice versa (see section 6D).

To avoid doubt, a warrant issued on the basis that a community safety supervision order is in force remains in force for the period mentioned in paragraph (1A)(a) even if the order ceases to be in force, provided that the order is replaced by a succeeding community safety supervision order.

If there is no succeeding community safety supervision order, the warrant must be revoked (see section 21).

In the case of a warrant authorising the use of a surveillance device on premises that are vehicles, the warrant need only specify the class of vehicle in relation to which the use of the surveillance device is authorised.

A warrant must be signed by the person issuing it and include his or her name.

As soon as practicable after completing and signing a warrant issued on a remote application, the person issuing it must:

inform the applicant of:

the terms of the warrant; and

the date on which and the time at which the warrant was issued; and

give the warrant to the applicant while retaining a copy of the warrant for the person’s own record.