QLDIn ForceAct
Police Powers and Responsibilities Act 2000
sec.339What must a retrieval warrant contain
Start here
Get a plain-English read of sec.339
Turn the raw legal text into a practical explanation grounded in Police Powers and Responsibilities Act 2000.
### sec.339 What must a retrieval warrant contain
A retrieval warrant must—
state that the judge or magistrate is satisfied of the matters mentioned in section 338 (1) and has had regard to the matters mentioned in section 338 (2) ; and
state—
the name of the applicant; and
the date and time the warrant is issued; and
the kind of surveillance device authorised to be retrieved; and
the premises, vehicle or object from which the surveillance device is to be retrieved; and
the period, of not more than 90 days, during which the warrant is in force, including the date and time the warrant starts and when the warrant ends; and
the name of the law enforcement officer primarily responsible for executing the warrant; and
any conditions on which premises may be entered under the warrant; and
the time within which a report in relation to the warrant must be made under section 357 and to whom the report must be made.
A warrant must be signed by the person issuing it and include their name.
See section 801 (1) for records the issuer must keep for retrieval warrants issued on a remote application.
s 339 ins 2005 No. 45 s 12
amd 2017 No. 30 s 12
(sec.339-ssec.1) A retrieval warrant must— state that the judge or magistrate is satisfied of the matters mentioned in section 338 (1) and has had regard to the matters mentioned in section 338 (2) ; and state— the name of the applicant; and the date and time the warrant is issued; and the kind of surveillance device authorised to be retrieved; and the premises, vehicle or object from which the surveillance device is to be retrieved; and the period, of not more than 90 days, during which the warrant is in force, including the date and time the warrant starts and when the warrant ends; and the name of the law enforcement officer primarily responsible for executing the warrant; and any conditions on which premises may be entered under the warrant; and the time within which a report in relation to the warrant must be made under section 357 and to whom the report must be made.
(sec.339-ssec.2) A warrant must be signed by the person issuing it and include their name. See section 801 (1) for records the issuer must keep for retrieval warrants issued on a remote application.
- (a) state that the judge or magistrate is satisfied of the matters mentioned in section 338 (1) and has had regard to the matters mentioned in section 338 (2) ; and
- (b) state— (i) the name of the applicant; and (ii) the date and time the warrant is issued; and (iii) the kind of surveillance device authorised to be retrieved; and (iv) the premises, vehicle or object from which the surveillance device is to be retrieved; and (v) the period, of not more than 90 days, during which the warrant is in force, including the date and time the warrant starts and when the warrant ends; and (vi) the name of the law enforcement officer primarily responsible for executing the warrant; and (vii) any conditions on which premises may be entered under the warrant; and (viii) the time within which a report in relation to the warrant must be made under section 357 and to whom the report must be made.
- (i) the name of the applicant; and
- (ii) the date and time the warrant is issued; and
- (iii) the kind of surveillance device authorised to be retrieved; and
- (iv) the premises, vehicle or object from which the surveillance device is to be retrieved; and
- (v) the period, of not more than 90 days, during which the warrant is in force, including the date and time the warrant starts and when the warrant ends; and
- (vi) the name of the law enforcement officer primarily responsible for executing the warrant; and
- (vii) any conditions on which premises may be entered under the warrant; and
- (viii) the time within which a report in relation to the warrant must be made under section 357 and to whom the report must be made.
- (i) the name of the applicant; and
- (ii) the date and time the warrant is issued; and
- (iii) the kind of surveillance device authorised to be retrieved; and
- (iv) the premises, vehicle or object from which the surveillance device is to be retrieved; and
- (v) the period, of not more than 90 days, during which the warrant is in force, including the date and time the warrant starts and when the warrant ends; and
- (vi) the name of the law enforcement officer primarily responsible for executing the warrant; and
- (vii) any conditions on which premises may be entered under the warrant; and
- (viii) the time within which a report in relation to the warrant must be made under section 357 and to whom the report must be made.