11Determining the application

11 Determining the application

(1)  The Supreme Court or a magistrate may issue a surveillance device warrant if satisfied –

(a) that there are reasonable grounds for the suspicion or belief founding the application for the warrant; and

(b) in the case of an unsworn application, that it would have been impracticable for an affidavit to have been prepared or sworn before the application was made; and

(c) in the case of a remote application, that it would have been impracticable for the application to have been made in person.

(2)  In determining whether a surveillance device warrant should be issued, the judge or magistrate must have regard to –

(a) the nature and seriousness of the alleged offence in respect of which the warrant is sought; and

(b) the extent to which the privacy of any person is likely to be affected; and

(c) the existence of any alternative means of obtaining the evidence or information sought to be obtained and the extent to which those means may assist or prejudice the investigation; and

(d) the evidentiary or intelligence value of any information sought to be obtained; and

(e) any previous warrant sought or issued under this Division, a corresponding law (if known) or the Listening Devices Act 1991 in connection with the same offence.