What must a retrieval warrant contain?
25 What must a retrieval warrant contain?
A retrieval warrant must:
state that the eligible Judge or nominated ART member is satisfied of the matters referred to in subsection 24(1) and has had regard to the matters referred to in subsection 24(2); and
specify:
the name of the applicant; and
the date the warrant is issued; and
the kind of surveillance device authorised to be retrieved; and
the premises or object from which the surveillance device is to be retrieved; and
the period (not exceeding 90 days) during which the warrant is in force; and
the name of the law enforcement officer primarily responsible for executing the warrant; and
any conditions subject to which premises may be entered under the warrant.
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.
This Act’s bill:Explanatory memorandum
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