25Grounds for issue of covert surveillance authority

25 Grounds for issue of covert surveillance authority

25 Grounds for issue of covert surveillance authority

(1) A Judge must not issue a covert surveillance authority unless the Judge is satisfied that the application for the authority shows that reasonable grounds exist to justify its issue.

(2) When determining whether there are reasonable grounds to issue a covert surveillance authority, a Judge must have regard to the seriousness of the unlawful activity with which the application is concerned.

(3) When determining whether there are reasonable grounds to issue a covert surveillance authority authorising covert surveillance of a recreation room, meal room or any other area at a workplace where employees are not directly engaged in work, a Judge must have regard to the affected employees’ heightened expectation of privacy when in such an area.

s 25: Am 2025 No 61, Sch 2.92[2].