Issue of surveillance warrant
124 Issue of surveillance warrant
After considering the application, the judge may issue a surveillance warrant for a period of not more than 30 days if satisfied there are reasonable grounds for believing—
the relevant person has been, is, or is likely to be, involved in the corruption and is likely to be at the relevant place; or
evidence of the corruption is likely to be obtained using a surveillance device at the relevant place.
The judge may issue a surveillance warrant authorising the use of a surveillance device in the office of a practising lawyer only if the application for the warrant relates to the lawyer’s involvement in corruption.
The judge may impose any conditions on the warrant that the judge considers are necessary in the public interest including, but not limited to—
a condition requiring regular reporting to a judge on activities under the warrant; and
a condition requiring that, if a listening device is to be used in a public place or class of place, the officer, before installing or using the device, must have a reasonable belief that the relevant person is or will be in the place where the device is to be used.
Example for subsection (3)(b)—
The warrant may be issued for any motel in a stated area because the officer may have a reasonable belief that the relevant person may be in a motel in the area but not know in advance which one. The condition may be that the device may only be installed if the officer reasonably believes the person is likely to be in the place.
This Act’s bill:Explanatory memorandum
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