Police Powers (Surveillance Devices) Act 2006

The Supreme Court or a magistrate may issue a surveillance device warrant if satisfied – that there are reasonable grounds for the suspicion or belief founding the application for the warrant; and in the case of an unsworn application, that it would have been impracticable for an affidavit to have been prepared or sworn before the application was made; and in the case of a remote application, that it would have been impracticable for the application to have been made in person.

In determining whether a surveillance device warrant should be issued, the judge or magistrate must have regard to – the nature and seriousness of the alleged offence in respect of which the warrant is sought; and the extent to which the privacy of any person is likely to be affected; and the existence of any alternative means of obtaining the evidence or information sought to be obtained and the extent to which those means may assist or prejudice the investigation; and the evidentiary or intelligence value of any information sought to be obtained; and any previous warrant sought or issued under this Division, a corresponding law (if known) or the Listening Devices Act 1991 in connection with the same offence.