9Application for surveillance device warrant

9 Application for surveillance device warrant

(1)  A law enforcement officer (or another person on his or her behalf) may apply for the issue of a surveillance device warrant if the law enforcement officer on reasonable grounds suspects or believes that –

(a) a relevant offence has been, is being, is about to be or is likely to be committed; and

(b) an investigation into that offence is being, will be or is likely to be conducted in this jurisdiction, in this and one or more participating jurisdictions or in one or more participating jurisdictions; and

(c) [Section 9 Subsection (1) amended by No. 76 of 2009, s. 27, Applied:11 Dec 2009] the use of a surveillance device in this jurisdiction, in this and one or more participating jurisdictions or in one or more participating jurisdictions is or will be necessary in the course of that investigation 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.

(2)  The application may be made to –

(a) the Supreme Court in any case; or

(b) [Section 9 Subsection (2) amended by No. 76 of 2009, s. 27, Applied:11 Dec 2009] a magistrate in the case of an application for a surveillance device warrant that authorises the use, only in this jurisdiction, of a device for the purpose of investigating a relevant offence.

(3)  An application –

(a) must specify –

(i) the name of the applicant; and

(ii) the nature and duration of the warrant sought, including the kind of surveillance device sought to be authorised; and

(b) subject to this section, must be supported by an affidavit setting out the grounds on which the warrant is sought and the prescribed information (if any).

(4)  If a law enforcement officer believes that –