NSWIn ForceAct
Surveillance Devices Act 2007
20Contents of surveillance device warrants
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#### 20 Contents of surveillance device warrants
20 Contents of surveillance device warrants
> > (1) A surveillance device warrant must specify the following (the surveillance device warrant particulars)—
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> > > (a) the name of the applicant,
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> > > (b) the alleged relevant offence in respect of which the warrant is issued (or for a warrant based on an application under section 17(1A)—the ground on which it is alleged that the inmate is a terrorism related offender),
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> > > (c) the kind of surveillance device authorised to be used,
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> > > (d) if the warrant authorises the use of a surveillance device on or in premises or a vehicle—the premises or vehicle on or in which the use of the surveillance device is authorised,
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> > > (e) if the warrant authorises the use of a surveillance device in or on an object or class of object—the object or class of object in or on which the use of the surveillance device is authorised,
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> > > (f) if the warrant authorises the use of a surveillance device on or about the body of a person—the name of the person (or, if the identity of the person is unknown, that fact),
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> > > (g) if the warrant authorises the use of a surveillance device in respect of the conversations, activities or geographical location of a person—the name of the person (if known),
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> > > (h) the name of the law enforcement officer primarily responsible for executing the warrant,
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> > > (i) the period during which the warrant is to be in force, being a period not exceeding 90 days.
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> > (2) A warrant must also include the following—
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> > > (a) a statement that the eligible Judge is satisfied of the matters referred to in section 19(1) and has had regard to the matters referred to in section 19(2),
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> > > (b) the date the warrant is issued,
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> > > (c) the date on which the warrant commences, being not more than 10 days after the date on which the warrant is issued,
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> > > (d) details of any conditions subject to which premises or a vehicle may be entered, or a surveillance device used, under the warrant,
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> > > (e) the period within which a report about the use of the surveillance device authorised by the warrant must be furnished to the eligible Judge under section 44(1), being a period that expires not less than 60 days after the expiry of the warrant.
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> > (3) A warrant must be signed by the eligible Judge issuing it and include his or her name.
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> > (4) If an eligible Judge issues a warrant on a remote application—
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> > > (a) the eligible Judge must inform the applicant of—
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> > > > (i) the terms of the warrant, and
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> > > > (ii) the date on which and the time at which the warrant was issued,
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> > > and cause those details to be entered in a register kept by the eligible Judge for that purpose, and
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> > > (b) the eligible Judge must provide the applicant with a copy of the warrant as soon as possible.
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> **s 20:** Am 2013 No 103, Sch 1 \[1\]; 2018 No 90, Sch 1\[8\]; 2018 No 94, Sch 1.6 \[8\] \[9\]; 2025 No 61, Sch 2.87\[5\] \[6\].