sec.121Surveillance warrant applications

### sec.121 Surveillance warrant applications This section applies if the chairperson reasonably believes a person has been, is, or is likely to be, involved in corruption being investigated by the commission. An authorised commission officer may, with the chairperson’s approval, apply to a Supreme Court judge for a warrant ( surveillance warrant ) authorising the use of a surveillance device. For subsection (2) , an authorised commission officer who is a police officer must be of at least the rank of inspector. The application must— be sworn and state the grounds on which the warrant is sought; and fully disclose all matters, of which the authorised commission officer is aware, both favourable and adverse to the issuing of the warrant sought; and include information stated under a regulation about any warrants issued within the previous year in relation to the person or the place specified in the application. The place specified in the application (the relevant place ) may be a public place and may be described by reference to a class of place. Subsection (4) (c) only applies to— information kept in a register that the officer may inspect; and information the officer otherwise actually knows. The applicant must advise the public interest monitor of the application under arrangements decided by the monitor. The judge may refuse to consider the application until the applicant gives the judge all the information the judge requires about the application in the way the judge requires. The judge may require additional information supporting the application to be given by statutory declaration. s 121 amd 2004 No. 8 s 5 ; 2005 No. 45 s 67 sch 3 ; 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1) – (2) (sec.121-ssec.1) This section applies if the chairperson reasonably believes a person has been, is, or is likely to be, involved in corruption being investigated by the commission. (sec.121-ssec.2) An authorised commission officer may, with the chairperson’s approval, apply to a Supreme Court judge for a warrant ( surveillance warrant ) authorising the use of a surveillance device. (sec.121-ssec.3) For subsection (2) , an authorised commission officer who is a police officer must be of at least the rank of inspector. (sec.121-ssec.4) The application must— be sworn and state the grounds on which the warrant is sought; and fully disclose all matters, of which the authorised commission officer is aware, both favourable and adverse to the issuing of the warrant sought; and include information stated under a regulation about any warrants issued within the previous year in relation to the person or the place specified in the application. (sec.121-ssec.5) The place specified in the application (the relevant place ) may be a public place and may be described by reference to a class of place. (sec.121-ssec.6) Subsection (4) (c) only applies to— information kept in a register that the officer may inspect; and information the officer otherwise actually knows. (sec.121-ssec.7) The applicant must advise the public interest monitor of the application under arrangements decided by the monitor. (sec.121-ssec.8) The judge may refuse to consider the application until the applicant gives the judge all the information the judge requires about the application in the way the judge requires. The judge may require additional information supporting the application to be given by statutory declaration. - (a) be sworn and state the grounds on which the warrant is sought; and - (b) fully disclose all matters, of which the authorised commission officer is aware, both favourable and adverse to the issuing of the warrant sought; and - (c) include information stated under a regulation about any warrants issued within the previous year in relation to the person or the place specified in the application. - (a) information kept in a register that the officer may inspect; and - (b) information the officer otherwise actually knows.