New South Wales Consolidated Acts

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SURVEILLANCE DEVICES ACT 2007 - SECT 20

Contents of surveillance device warrants

20 Contents of surveillance device warrants

(1) A surveillance device warrant must specify the following (the
"surveillance device warrant particulars" )--
(a) the name of the applicant,
(b) the alleged relevant offence in respect of which the warrant is issued (or for a warrant based on an application under section 17(1A)--the ground on which it is alleged that the inmate is a terrorism related offender),
(c) the kind of surveillance device authorised to be used,
(d) if the warrant authorises the use of a surveillance device on or in premises or a vehicle--the premises or vehicle on or in which the use of the surveillance device is authorised,
(e) if the warrant authorises the use of a surveillance device in or on an object or class of object--the object or class of object in or on which the use of the surveillance device is authorised,
(f) if the warrant authorises the use of a surveillance device on or about the body of a person--the name of the person (or, if the identity of the person is unknown, that fact),
(g) if the warrant authorises the use of a surveillance device in respect of the conversations, activities or geographical location of a person--the name of the person (if known),
(h) the name of the law enforcement officer primarily responsible for executing the warrant,
(i) the period during which the warrant is to be in force, being a period not exceeding 90 days.
(2) A warrant must also include the following--
(a) a statement that the eligible Judge or eligible Magistrate is satisfied of the matters referred to in section 19(1) and has had regard to the matters referred to in section 19(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, or a surveillance device used, under the warrant,
(e) the period within which a report about the use of the surveillance device authorised by the warrant must be furnished to the eligible Judge or eligible Magistrate under section 44(1), being a period that expires not less than 60 days after the expiry of the warrant.
(3) A warrant must be signed by the eligible Judge or eligible Magistrate issuing it and include his or her name.
(4) If an eligible Judge or eligible Magistrate issues a warrant on a remote application--
(a) the eligible Judge or eligible Magistrate 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 Judge or Magistrate for that purpose, and
(b) the Judge or Magistrate must provide the applicant with a copy of the warrant as soon as possible.



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