What must a surveillance device warrant contain
331 What must a surveillance device warrant contain
A surveillance device warrant must—
state that the judge or magistrate is satisfied of the matters mentioned in section 330(1) and has had regard to the matters mentioned in section 330(2); and
state—
the applicant’s name; and
the relevant offence in relation to which the warrant is issued; and
the date and time the warrant is issued; and
the kind of surveillance device authorised to be used; and
if the warrant authorises the use of a surveillance device on premises—the premises where the use of the surveillance device is authorised; and
if the warrant authorises the use of an optical surveillance device in a dwelling, other than a device that is portable or already in the dwelling—the parts of the dwelling in which the device may be installed; and
if the warrant authorises the use of a surveillance device in or on a vehicle, object or class of vehicle or object—the vehicle, object or class of vehicle or object in or on which the use of the surveillance device is authorised; and
if the warrant authorises the use of a surveillance device in relation to the conversations, activities or geographical location of a person—the name of the person, if known; and
the period, of not more than 90 days, during which the warrant is in force, and the day and time the warrant starts and when the warrant ends; and
the name of the law enforcement officer primarily responsible for executing the warrant; and
any conditions subject to which premises may be entered, or a surveillance device may be used, under the warrant; and
the time within which a report in relation to the warrant must be made under section 357 and to whom the report must be made.
For a warrant mentioned in subsection (1)(b)(viii), if the identity of the person is unknown, the warrant must state that fact.
A warrant must be signed by the person issuing it and include their name.
Note—See section 801(1) for records the issuer must keep for surveillance device warrants issued on a remote application.
This Act’s bill:Explanatory memorandum
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