New South Wales Consolidated Acts

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Application for a retrieval warrant

25 Application for a retrieval warrant

(1) A law enforcement officer (or another person on his or her behalf) may apply for the issue of a retrieval warrant in respect of a surveillance device that was lawfully installed on premises, or in or on a vehicle or other object, under a surveillance device warrant and which the law enforcement officer on reasonable grounds suspects or believes is still on those premises or in or on that vehicle or object, or on other premises or in or on another vehicle or other object.
(2) The application may be made to--
(a) an eligible Judge in any case, or
(b) an eligible Magistrate in the case of an application for a retrieval warrant authorising the retrieval of a tracking device only.
(3) An application must include the information required (having regard to the warrant being sought) to complete the retrieval warrant particulars set out in section 28(1).
(3A) Subject to this section, an application must be accompanied by an affidavit that--
(a) supports the application and sets out the grounds on which the warrant is sought, and
(b) includes any information known to the applicant that may be adverse to the warrant application or, if no adverse information is known, a statement to that effect.
(4) If a law enforcement officer believes that--
(a) the immediate retrieval of a surveillance device is necessary, and
(b) it is impracticable for an affidavit to be prepared or sworn before an application for a warrant is made,
an application for a warrant may be made before an affidavit is prepared or sworn.
(5) If subsection (4) applies, the applicant must--
(a) provide as much information as the eligible Judge or eligible Magistrate considers is reasonably practicable in the circumstances, and
(b) not later than 72 hours following the making of the application, send a duly sworn affidavit to the eligible Judge or eligible Magistrate who determined the application, whether or not a warrant has been issued.
(5A) A notice containing the information in subsections (3) and (3A) must also be served on the Attorney General.
(6) An application for a retrieval warrant is not to be heard in open court.

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