Surveillance Devices Act 2004

A network activity warrant must:

state that the eligible Judge or nominated ART member issuing the warrant is satisfied of the matters referred to in subsection 27KM(1) and has had regard to the matters referred to in subsection 27KM(2); and

specify:

the name of the applicant; and

the kinds of relevant offences in respect of which the warrant is issued; and

the criminal network of individuals to which the warrant relates; and

the date the warrant is issued; and

the period during which the warrant is in force (see subsection (2)); and

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

any conditions subject to which things may be done under the warrant; and

if the warrant authorises the use of a surveillance device—specify:

the surveillance device authorised to be used; and

the purpose or purposes for which the surveillance device may be used under the warrant.

A warrant may only be issued for a period of no more than 90 days.

The access to data held in the target computer pursuant to a warrant may be discontinued earlier—see section 27KS.

A warrant must be signed by the person issuing it and include the person’s name.

For the purposes of subparagraph (1)(b)(iii), a criminal network of individuals may be specified by identifying one or more matters or things that are sufficient to identify the criminal network of individuals.

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.