Terrorism (Police Powers) Act 2002

An eligible Judge to whom an application for a covert search warrant is made may, if satisfied that there are reasonable grounds for doing so, issue a covert search warrant.

An eligible Judge, when determining whether there are reasonable grounds to issue a covert search warrant, is to consider (but is not limited to considering) the following matters—

the reliability of the information on which the application is based, including the nature of the source of the information,

whether there is a connection between the terrorist act in respect of which the application has been made and the kinds of things that are proposed to be searched for, seized, placed in substitution for a seized thing, copied, photographed, recorded, operated, printed or tested,

the nature and gravity of the terrorist act,

the extent to which the exercise of powers under the warrant would assist in the prevention of, or response to, the terrorist act,

alternative means of obtaining the information sought to be obtained,

the extent to which the privacy of a person who is not believed to be knowingly concerned in the commission of the terrorist act is likely to be affected if the warrant is issued,

if it is proposed that premises adjoining or providing access to the subject premises be entered for the purposes of entering the subject premises—

whether this is reasonably necessary in order to enable access to the subject premises, or

whether this is reasonably necessary in order to avoid compromising the investigation of the terrorist act,

whether any conditions should be imposed by the Judge in relation to the execution of the warrant.