Section 17 - Surveillance Devices Act 2007 - Application for a surveillance device warrant

17Application for a surveillance device warrant

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17 Application for a 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 or in this jurisdiction and in one or more participating jurisdictions, and

(c) the use of a surveillance device is necessary for the purpose of an investigation into that offence to enable evidence to be obtained of the commission of that offence or the identity or location of the offender.

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

(a) an eligible offender within the meaning of the Terrorism (High Risk Offenders) Act 2017 is an inmate of the correctional centre, and

(b) an investigation is being, will be or is likely to be conducted into whether an application for a supervision or detention order should be made under the Terrorism (High Risk Offenders) Act 2017 in respect of the offender on the basis that the offender is a terrorism related offender, and

(c) the use of a surveillance device is necessary for the purpose of an investigation into whether an application for a supervision or detention order under the Terrorism (High Risk Offenders) Act 2017 should be made to enable evidence to be obtained that would be likely to support the application.

(2) The application may be made to—

(a) an eligible Judge of the Supreme Court in any case, or

(b) an eligible Judge of the Local Court in the case of an application for a surveillance device warrant authorising the use of a tracking device only.