27Determining an application

#### 27 Determining an application 27 Determining an application > > (1) An eligible Judge may issue a retrieval warrant if the Judge is satisfied— > > > > > (a) that there are reasonable grounds for the suspicion or belief founding the application for the warrant, and > > > > > (b) in the case of an unsworn application—that it would be impracticable for an affidavit to have been sworn before the application was made, and > > > > > (c) in the case of a remote application—the application is made is accordance with section 26, and > > > > > (d) except in the case of a remote application—the notice referred to in section 25(5A) has been served on the Attorney General, and > > > > > (e) in the case of a remote application—the Attorney General has been notified of the application and been given as much of the information required to be included in the notice referred to in section 25(5A) as it is reasonable to provide in the circumstances, and > > > > > (f) the Attorney General has had an opportunity to be heard in relation to the granting of the warrant. > > > (2) In determining whether a retrieval warrant should be issued, the eligible Judge 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. > > **s 27:** Am 2018 No 90, Sch 1\[12\]; 2020 No 26, Sch 1.15\[6\]; 2025 No 61, Sch 2.87\[5\] \[7\].