Police Powers (Surveillance Devices) Act 2006

A Supreme Court or a magistrate may issue a retrieval warrant if the Supreme Court or magistrate is 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 retrieval warrant should be issued, the Supreme Court 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.