Police Powers (Surveillance Devices) Act 2006

A law enforcement officer (or another person on his or her behalf) may apply for the issue of a surveillance device warrant if the law enforcement officer on reasonable grounds suspects or believes that – a relevant offence has been, is being, is about to be or is likely to be committed; and an investigation into that offence is being, will be or is likely to be conducted in this jurisdiction, in this and one or more participating jurisdictions or in one or more participating jurisdictions; and the use of a surveillance device in this jurisdiction, in this and one or more participating jurisdictions or in one or more participating jurisdictions is or will be necessary in the course of that investigation for the purpose of enabling evidence or information to be obtained of the commission of the relevant offence or the identity or location of the offender.

The application may be made to – the Supreme Court in any case; or a magistrate in the case of an application for a surveillance device warrant that authorises the use, only in this jurisdiction, of a device for the purpose of investigating a relevant offence.

An application – must specify – the name of the applicant; and the nature and duration of the warrant sought, including the kind of surveillance device sought to be authorised; and subject to this section, must be supported by an affidavit setting out the grounds on which the warrant is sought and the prescribed information (if any).

If a law enforcement officer believes that – the immediate use of a surveillance device is necessary for a purpose referred to in subsection (1)(c); and it is impracticable for an affidavit to be prepared or sworn before an application for a warrant is made – an application for a warrant may be made before an affidavit is prepared or sworn.

If subsection (4) applies, the applicant must – provide as much information as the Supreme Court or magistrate considers is reasonably practicable in the circumstances; and not later than 72 hours following the making of the application, send a duly sworn affidavit to the Supreme Court or magistrate, whether or not a warrant has been issued.

The Supreme Court or a magistrate must hear an application for a warrant in the absence of anyone other than the following:the applicant; someone the judge or magistrate permits to be present; an Australian legal practitioner representing anyone mentioned in paragraphs (a) and (b).

Also the Supreme Court or magistrate must hear the application – in the absence of the person proposed to be placed under surveillance (the "relevant person") or anyone likely to inform the relevant person of the application; and without the relevant person having been informed of the application.