24Determining the application

#### 24 Determining the application (1) An eligible Judge or nominated ART member may issue a retrieval warrant if the Judge or member is satisfied: (a) that there are reasonable grounds for the suspicion 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 sworn or prepared 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 retrieval warrant should be issued, the eligible Judge or nominated ART member must have regard to: (a) the extent to which the privacy of any person is likely to be affected; and (b) the public interest in retrieving the device sought to be retrieved.