27HDetermining application for covert search warrant

27H Determining application for covert search warrant (1) A Supreme Court Judge to whom an application for a covert search warrant is made may, if satisfied there are reasonable grounds for doing so, issue a covert search warrant. (2) A Supreme Court Judge, when determining whether there are reasonable grounds to issue a covert search warrant, must consider (but is not limited to considering) the following matters: (a) the reliability of the information on which the application is based, including the nature of the source of the information; (b) whether there is a connection between the terrorist act for which the application has been made and the kinds of things that are proposed to be searched for, seized, placed in substitution for a seized thing, copied, photographed, recorded, operated, printed or tested; (c) the nature and gravity of the terrorist act; (d) the extent to which the exercise of powers under the warrant would assist in the prevention of, or response to, the terrorist act; (e) alternative means of obtaining the information sought to be obtained; (f) the extent to which the privacy of a person who is not believed to be knowingly concerned in the commission of the terrorist act is likely to be affected if the warrant is issued; (g) if it is proposed that an adjoining place be entered for the purposes of entering the subject place, whether it is reasonably necessary to: (i) enable access to the subject place; or

Terrorism (Emergency Powers) Act 2003 71 (ii) avoid compromising the investigation of the terrorist act; (h) whether any conditions should be imposed by the Judge in relation to the execution of the warrant.