What surveillance device warrant must contain
22 What surveillance device warrant must contain
(1) A surveillance device warrant must:
(a) state that the issuing Judge is satisfied of the matters mentioned in section 21(1) or (3) and has had regard to the matters mentioned in section 21(2); and
state:
(i) the name of the applicant; and
(ii) the alleged offence or improper conduct for which the warrant is issued; and
(iii) the date the warrant is issued; and
(iv) the kind of surveillance device authorised to be used; and
(v) if the warrant authorises the use of a surveillance device on a place – the place; and
(vi) if the warrant authorises the use of a surveillance device on a thing or class of thing – the thing or class of thing; and
(vii) if the warrant authorises the use of a surveillance device for the activities, conversations or geographical location of a person – the name of the person or, if the identity of the person is unknown, the fact that the person's identity is unknown; and
(viii) the period (not exceeding 90 days) during which the warrant is in force; and
(ix) the name of the law enforcement officer or ICAC officer primarily responsible for executing the warrant; and
(x) any conditions subject to which a place may be entered, or a surveillance device may be used, under the warrant; and
(xi) the time within which a report in relation to the warrant must be made to the Judge under section 58.
(2) A warrant must be signed by the issuing Judge and include the name of the Judge.
(3) If the Judge issues the warrant on a remote application, the Judge must:
(a) tell the applicant of:
(i) the terms of the warrant; and
(ii) the date and time of its issue; and
(b) enter the details mentioned in paragraph (a) in a register kept by the Judge for the purpose; and
(c) give the applicant a copy of the warrant as soon as practicable.
This Act’s bill:Explanatory statementSecond reading speech
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