Part 3Enforcement officers' powers and orders
Surveillance device warrants and declaratory orders: Application for surveillance device warrant
49Application for surveillance device warrant
An application for a surveillance device warrant may be made only by an enforcement officer, and must contain, in reasonable detail, the following particulars:
- the name of the applicant:
- the provision authorising the making of an application for a search warrant in respect of the suspected offence:
- the grounds on which the application is made:
- the suspected offence in relation to which the surveillance device warrant is sought:
- the type of surveillance device to be used:
- the name, address, or other description of the person, place, vehicle, or other thing that is the object of the proposed surveillance:
- a description of the evidential material believed to be able to be obtained by use of the surveillance device:
- the period for which the warrant is sought.
If the enforcement officer cannot provide all the information required under subsection (1)(f) and (g), the application must instead state the circumstances in which the surveillance is proposed to be undertaken in enough detail to identify the parameters of, and objectives to be achieved by, the proposed use of the surveillance device.
The applicant must disclose in the application—
- the details of any other applications for a search warrant or a surveillance device warrant that the applicant knows to have been made within the previous 3 months in respect of the person, place, vehicle, or other thing proposed as the object of the surveillance; and
- the result of that application or those applications.
The applicant must, before making an application for a surveillance device warrant, make reasonable inquiries within the agency in which the applicant is employed or engaged for the purpose of complying with subsection (3).
Despite subsection (1), an application for a surveillance device warrant seeking authority to use visual trespass surveillance or an interception device may only be made by—
- a constable; or
- an enforcement officer employed or engaged by a law enforcement agency that has been approved by an Order in Council made under section 50.