QLDIn ForceAct
Crime and Corruption Act 2001
sec.123Consideration of application for surveillance warrant
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### sec.123 Consideration of application for surveillance warrant
Before deciding an application for a surveillance warrant, the judge must, in particular, and being mindful of the highly intrusive nature of using a surveillance device, consider the following—
the nature and seriousness of the corruption;
the likely extent of interference with the privacy of—
the relevant person; or
any other occupant of the relevant place;
if the warrant is issued;
the extent to which issuing the warrant would help prevent, detect, or provide evidence of the commission of, the corruption;
the benefits derived from the issue of any previous surveillance warrants in relation to the relevant person or the relevant place;
the extent to which officers investigating the corruption have used or can use conventional ways of investigation;
how much the use of conventional ways of investigation would be likely to help in the investigation of the corruption;
how much the use of conventional ways of investigation would prejudice the investigation of the corruption because of delay or for another reason;
any submissions made by a monitor.
s 123 amd 2004 No. 8 s 6 ; 2005 No. 45 s 67 sch 3 ; 2014 No. 21 s 94 (1) sch 1
- (a) the nature and seriousness of the corruption;
- (b) the likely extent of interference with the privacy of— (i) the relevant person; or (ii) any other occupant of the relevant place; if the warrant is issued;
- (i) the relevant person; or
- (ii) any other occupant of the relevant place;
- (c) the extent to which issuing the warrant would help prevent, detect, or provide evidence of the commission of, the corruption;
- (d) the benefits derived from the issue of any previous surveillance warrants in relation to the relevant person or the relevant place;
- (e) the extent to which officers investigating the corruption have used or can use conventional ways of investigation;
- (f) how much the use of conventional ways of investigation would be likely to help in the investigation of the corruption;
- (g) how much the use of conventional ways of investigation would prejudice the investigation of the corruption because of delay or for another reason;
- (h) any submissions made by a monitor.
- (i) the relevant person; or
- (ii) any other occupant of the relevant place;