28Contents of retrieval warrants

28 Contents of retrieval warrants

28 Contents of retrieval warrants

(1) A retrieval warrant must specify the following (the retrieval warrant particulars)—

(a) the name of the applicant,

(b) the kind of surveillance device authorised to be retrieved,

(c) the premises, vehicle or other object from which the surveillance device is to be retrieved,

(d) the name of the law enforcement officer primarily responsible for executing the warrant,

(e) the period during which the warrant is to be in force, being a period not exceeding 90 days.

(1A) A warrant must also include the following—

(a) a statement that the eligible Judge is satisfied of the matters referred to in section 27(1) and has had regard to the matters referred to in section 27(2),

(b) the date the warrant is issued,

(c) the date on which the warrant commences, being not more than 10 days after the date on which the warrant is issued,

(d) details of any conditions subject to which premises or a vehicle may be entered under the warrant,

(e) the period within which a report about the retrieval of the surveillance device authorised by the retrieval warrant must be furnished to the eligible Judge under section 44(6), being a period that expires not less than 60 days after the expiry of the warrant.

(2) A warrant must be signed by the eligible Judge issuing it and include his or her name.

(3) If the eligible Judge issues a warrant on a remote application—

(a) the eligible Judge must inform the applicant of—

(i) the terms of the warrant, and

(ii) the date on which and the time at which the warrant was issued,

and cause those details to be entered in a register kept by the eligible Judge for that purpose, and

(b) the eligible Judge must provide the applicant with a copy of the warrant as soon as practicable.

s 28: Am 2013 No 103, Sch 1 [2]; 2018 No 90, Sch 1[13]; 2020 No 30, Sch 2.37; 2025 No 61, Sch 2.87[5] [6].