sec.328Application for surveillance device warrant

### sec.328 Application for surveillance device warrant A senior officer of a law enforcement agency may apply for the issue of a surveillance device warrant if the officer reasonably believes that— a relevant offence has been, is being, is about to be or is likely to be committed; and the use of a surveillance device in the course of an investigation is or will be necessary for the purpose of enabling evidence or information to be obtained of the commission of the relevant offence or the identity or location of the offender. The application may be made to— a Supreme Court judge in any case; or a magistrate for a surveillance device warrant that authorises the use of a tracking device only. The application must be sworn and state— the name of the applicant; and the nature and duration of the warrant sought, including the kind of surveillance device sought to be authorised; and the grounds on which the warrant is sought; and information required under a regulation, whether under this Act or the Crime and Corruption Act 2001 , about any warrants issued within the previous year under either Act, or both Acts, in relation to the person stated in the application or wherever it is sought to use the surveillance device. The application must also fully disclose all matters of which the applicant is aware, both favourable and adverse to the issuing of the warrant. Without limiting this section, the application may seek the use of a surveillance device in a public place or in a place described by reference to a class of place. Subsection (3) (d) only applies to— information kept in a register that the applicant may inspect; and information the applicant otherwise actually knows. Subsections (5) and (6) do not apply to an application made under this Act for the ACC, but in that case the application must be supported by an affidavit as if it had been made under the Surveillance Devices Act 2004 (Cwlth) , section 14 . The applicant must advise the public interest monitor of the application under arrangements decided by the monitor. The judge or magistrate may refuse to consider the application until the applicant gives the judge or magistrate all the information the judge or magistrate requires about the application in the way the judge or magistrate requires. An application made under this section by a lawyer appearing for the applicant is not a remote application. s 328 ins 2005 No. 45 s 12 amd 2005 No. 45 s 46 ; 2014 No. 21 s 94 (2) sch 2 (sec.328-ssec.1) A senior officer of a law enforcement agency may apply for the issue of a surveillance device warrant if the officer reasonably believes that— a relevant offence has been, is being, is about to be or is likely to be committed; and the use of a surveillance device in the course of an investigation is or will be necessary for the purpose of enabling evidence or information to be obtained of the commission of the relevant offence or the identity or location of the offender. (sec.328-ssec.2) The application may be made to— a Supreme Court judge in any case; or a magistrate for a surveillance device warrant that authorises the use of a tracking device only. (sec.328-ssec.3) The application must be sworn and state— the name of the applicant; and the nature and duration of the warrant sought, including the kind of surveillance device sought to be authorised; and the grounds on which the warrant is sought; and information required under a regulation, whether under this Act or the Crime and Corruption Act 2001 , about any warrants issued within the previous year under either Act, or both Acts, in relation to the person stated in the application or wherever it is sought to use the surveillance device. (sec.328-ssec.4) The application must also fully disclose all matters of which the applicant is aware, both favourable and adverse to the issuing of the warrant. (sec.328-ssec.5) Without limiting this section, the application may seek the use of a surveillance device in a public place or in a place described by reference to a class of place. (sec.328-ssec.6) Subsection (3) (d) only applies to— information kept in a register that the applicant may inspect; and information the applicant otherwise actually knows. (sec.328-ssec.7) Subsections (5) and (6) do not apply to an application made under this Act for the ACC, but in that case the application must be supported by an affidavit as if it had been made under the Surveillance Devices Act 2004 (Cwlth) , section 14 . (sec.328-ssec.8) The applicant must advise the public interest monitor of the application under arrangements decided by the monitor. (sec.328-ssec.9) The judge or magistrate may refuse to consider the application until the applicant gives the judge or magistrate all the information the judge or magistrate requires about the application in the way the judge or magistrate requires. An application made under this section by a lawyer appearing for the applicant is not a remote application. - (a) a relevant offence has been, is being, is about to be or is likely to be committed; and - (b) the use of a surveillance device in the course of an investigation is or will be necessary for the purpose of enabling evidence or information to be obtained of the commission of the relevant offence or the identity or location of the offender. - (a) a Supreme Court judge in any case; or - (b) a magistrate for a surveillance device warrant that authorises the use of a tracking device only. - (a) the name of the applicant; and - (b) the nature and duration of the warrant sought, including the kind of surveillance device sought to be authorised; and - (c) the grounds on which the warrant is sought; and - (d) information required under a regulation, whether under this Act or the Crime and Corruption Act 2001 , about any warrants issued within the previous year under either Act, or both Acts, in relation to the person stated in the application or wherever it is sought to use the surveillance device. - (a) information kept in a register that the applicant may inspect; and - (b) information the applicant otherwise actually knows.