Listening Devices Act 1991
18Radio/telephone warrants
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18 Radio/telephone warrants
(1) In this section, a reference to a telephone includes a reference to a radio or any other communication device.
(2) [Section 18 Subsection (2) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] Upon complaint made by telephone by a police officer of or above the rank of sergeant that the police officer suspects or believes –
(a) that a prescribed offence has been, is about to be or is likely to be, committed; and
(b) that, for the purpose of an investigation into that offence or of enabling evidence to be obtained of the commission of the offence or the identity of the offender, the immediate use of a listening device is necessary –
a magistrate may, if satisfied that there are reasonable grounds for that suspicion or belief, authorize, by warrant, the use of the listening device.
(3) A magistrate shall not grant a warrant under this section authorizing the use of a listening device if the magistrate is satisfied that it would be practicable in the circumstances for a warrant to be granted under section 17 authorizing the use of that device.
(4) [Section 18 Subsection (4) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] A complaint under this section may be made by a police officer by causing the complaint to be transmitted to a magistrate by another police officer.
(5) [Section 18 Subsection (5) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] The fact that a complaint is made under this section by a police officer who causes the complaint to be transmitted to a magistrate by another police officer does not, if the magistrate is of the opinion that it is, in all the circumstances, impracticable to communicate directly with the police officer making the complaint, prevent the magistrate being satisfied as to the matters referred to in subsection (2) .
(6) A magistrate grants a warrant under this section by stating the terms of the warrant.
(7) Where a magistrate grants a warrant under this section, the magistrate shall cause a record to be made in writing of –