Deciding application
338 Deciding application
A Supreme Court judge or a magistrate may issue a retrieval warrant if the judge or magistrate is satisfied—
that there are reasonable grounds for the belief founding the application for the warrant; and
for a remote application—that it would have been impracticable for the application to have been made in person.
In deciding whether a retrieval warrant should be issued, the judge or magistrate must have regard to—
the extent to which the privacy of any person is likely to be affected; and
the public interest in retrieving the device sought to be retrieved; and
any submissions made by a monitor.
This Act’s bill:Explanatory memorandum
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