20CApplication for retrieval warrant

20C 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 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) An application may be made only with the approval of— (a) a senior officer of the law enforcement agency concerned; or (b) an authorised police officer. (3) The application may be made to— (a) a Supreme Court judge in any case; or (b) a magistrate in the case of an application for a retrieval warrant authorising the retrieval of a tracking device only. (4) Subject to this section, an application must be supported by an affidavit setting out the grounds on which the warrant is sought. S. 20C(5) amended by No. 6/2018 s. 68(Sch. 2 item 121.1). (5) If a law enforcement officer believes that— (a) the immediate retrieval of a surveillance device is necessary; and S. 20C(5)(b) amended by No. 6/2018 s. 68(Sch. 2 item 121.1). (b) it is impracticable for an affidavit to be prepared or sworn or affirmed before an application for a warrant is made— an application for a warrant may be made before an affidavit is prepared or sworn or affirmed. (6) If subsection (5) applies, the applicant must— (a) provide as much information as the judge or magistrate considers is reasonably practicable in the circumstances; and S. 20C(6)(b) amended by No. 6/2018 s. 68(Sch. 2 item 121.2). (b) not later than the day following the making of the application, send a duly sworn or affirmed affidavit to the judge or magistrate who determined the application, whether or not a warrant has been issued. S. 20C(6A) inserted by No. 72/2011 s. 35. (6A) The applicant must notify a Public Interest Monitor of the application in accordance with the regulations under the **Public Interest Monitor Act 2011**. (7) An application for a warrant is not to be heard in open court. S. 20D inserted by No. 26/2004 s. 9, amended by Nos 6/2018 s. 68(Sch. 2 item 121.3), 33/2018 s. 102, repealed by No. 55/2025 s. 95. S. 20E inserted by No. 26/2004 s. 9.