Surveillance Devices Act 2007

(1) A

Supreme Court Judge or Local Court Judge may issue a surveillance device warrant if satisfied:

(a) there are reasonable grounds for the belief founding the application for the warrant; and

(b) in the case of an application mentioned in section 19(4) – it would have been impracticable for an affidavit to have been prepared or made before the application was made; and

(c) in the case of a remote application – it would have been impracticable for the application to have been made in person.

(2) In deciding whether a surveillance device warrant should be issued to a law enforcement officer, the Judge must have regard to:

(a) the nature and gravity of the alleged offence for which the warrant is sought; and

(b) the extent to which anyone's privacy is likely to be affected; and

(c) the existence of any alternative way of obtaining the evidence or information sought to be obtained and the extent to which that way may assist or prejudice the investigation; and

(d) the evidentiary or intelligence value of any information sought to be obtained; and

(e) any previous warrant sought or issued under this Division or a corresponding law (if known) in relation to the same offence.

(3) In deciding whether a surveillance device warrant should be issued to an

ICAC officer, the Judge must have regard to the following:

(a) the nature and gravity of the alleged improper conduct for which the warrant is sought, including the extent to which the alleged improper conduct is a serious breach of public trust;

(b) the extent to which anyone's privacy is likely to be affected;

(c) the existence of any alternative way of obtaining the evidence or information sought to be obtained and the extent to which that way may assist or prejudice the investigation (as defined in section 4 of the ICAC Act);

(d) the evidentiary or intelligence value of any information sought to be obtained;

(e) any previous warrant sought or issued under this Division or a corresponding law (if known) in relation to the same conduct.