17Determining the application

17 Determining the application (1) A Supreme Court judge or 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 S. 17(1)(b) amended by Nos 6/2018 s. 68(Sch. 2 item 121.4), 55/2025 s. 92(1)(a). (b) in the case of an unsworn application—that it would have been impracticable for an affidavit to have been prepared or sworn or affirmed before the application was made. S. 17(1)(c) repealed by No. 55/2025 s. 92(1)(b). (2) In determining whether a surveillance device warrant should be issued, the judge or magistrate must have regard to— (a) the nature and gravity 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 S. 17(2)(e) amended by No. 72/2011 s. 33(1). (e) any previous warrant sought or issued under this Division or a corresponding law (if known) in connection with the same offence; and S. 17(2)(f) inserted by No. 72/2011 s. 33(2). (f) any submissions made by a Public Interest Monitor. S. 17(2A) inserted by No. 55/2025 s. 92(2). (2A) Irrespective of the manner in which an application is made, the judge or magistrate may determine the application in any manner the judge or magistrate thinks fit, including the following kinds of hearing— (a) in person; (b) by remote means or electronic means; (c) without an oral hearing and entirely on the basis of written submissions in relation to the application and, if the applicant and the Public Interest Monitor so consent, without the appearance of the applicant and the Public Interest Monitor. S. 17(3) inserted by No. 33/2018 s. 100. (3) A surveillance device warrant may be issued in paper form or electronically. S. 18 substituted by No. 26/2004 s. 9.