Determining application for covert search warrant
27H Determining application for covert search warrant
(1) A Supreme Court Judge to whom an application for a covert search warrant is made may, if satisfied there are reasonable grounds for doing so, issue a covert search warrant.
(2) A Supreme Court Judge, when determining whether there are reasonable grounds to issue a covert search warrant, must consider (but is not limited to considering) the following matters:
(a) the reliability of the information on which the application is based, including the nature of the source of the information;
(b) whether there is a connection between the terrorist act for 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;
(d) the extent to which the exercise of powers under the warrant would assist in the prevention of, or response to, the terrorist act;
(e) alternative means of obtaining the information sought to be obtained;
(f) 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;
(g) if it is proposed that an adjoining place be entered for the purposes of entering the subject place, whether it is reasonably necessary to:
enable access to the subject place; or
avoid compromising the investigation of the terrorist act;
(h) whether any conditions should be imposed by the Judge in relation to the execution of the warrant.
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