What must a surveillance device warrant contain?
18 What must a surveillance device warrant contain?
A surveillance device warrant must—
state that the judge or magistrate is satisfied of the matters referred to in section 17(1) and has had regard to the matters referred to in section 17(2); and
specify—
the name of the applicant; and
the alleged offence in respect of which the warrant is issued; and
the date 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 on which the use of the surveillance device is authorised; and
if the warrant authorises the use of a surveillance device in or on an object or class of object—the object or class of 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 respect of the conversations, activities or geographical location of a person—the name of the person (if known); and
the period during which the warrant is in force, being a period not exceeding 90 days; 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 respect of the warrant must be made to the judge or magistrate under section 30K.
In the case of a warrant referred to in subsection (1)(b)(vii), if the identity of the person is unknown, the warrant must state that fact.
S. 18(3) substituted by No. 33/2018 s. 101.
A warrant must—
be signed by the person issuing it (either by hand or with an electronic signature); and
include the name of the person issuing it.
S. 18(4) repealed by No. 55/2025 s. 93.
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S. 19 substituted by No. 26/2004 s. 9.
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