Surveillance Devices Act 1999

A Supreme Court judge or magistrate may issue a retrieval warrant if the judge 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 or affirmed before the application was made.

In determining 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 Public Interest Monitor.

Irrespective of the manner in which an application for a retrieval warrant is made, the judge or magistrate may determine the application in any manner the judge or magistrate thinks fit, including the following kinds of hearing—

in person;

by remote means or electronic means;

without an oral hearing and entirely on the basis of written submissions in relation to the application and, if the applicant and the Public Interest Monitor so consent, without the appearance of the applicant and the Public Interest Monitor.

A retrieval warrant may be issued in paper form or electronically.