Surveillance Devices Act 2004

An eligible Judge or nominated ART member may issue a retrieval warrant if the Judge or member is satisfied:

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

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

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

In determining whether a retrieval warrant should be issued, the eligible Judge or nominated ART member 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.