17Application for retrieval warrant

17 Application for retrieval warrant

(1)  A law enforcement officer (or another person on his or her behalf) may apply for the issue of a retrieval warrant in respect of a surveillance device that was lawfully installed on premises, or in or on an object, under a surveillance device warrant or a surveillance device warrant issued under a corresponding law and which the law enforcement officer on reasonable grounds suspects or believes is still on those premises or in or on that object, or on other premises or in or on another object.

(2)  The application may be made to –

(a) the Supreme Court in the case of a device installed under a warrant issued by the Supreme Court; or

(b) a magistrate in the case of a device installed under a warrant issued by a magistrate.

(3)  Subject to this section, an application must be supported by an affidavit setting out the grounds on which the warrant is sought.

(4)  If a law enforcement officer believes that –

(a) the immediate retrieval of a surveillance device is necessary; and

(b) it is impracticable for an affidavit to be prepared or sworn before an application for a warrant is made –

an application for a warrant may be made before an affidavit is prepared or sworn.

(5)  If subsection (4) applies, the applicant must –

(a) provide as much information as the Supreme Court or magistrate considers is reasonably practicable in the circumstances; and

(b) not later than 72 hours following the making of the application, send a duly sworn affidavit to the Supreme Court or magistrate who determined the application, whether or not a warrant has been issued.

(6)  The Supreme Court or a magistrate must hear an application for a warrant in the absence of anyone other than the following:

(a) the applicant;

(b) someone the Supreme Court or magistrate permits to be present;

(c) an Australian legal practitioner representing anyone mentioned in and .