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CRIME AND CORRUPTION ACT 2001 - SECT 124
Issue of surveillance warrant
124 Issue of surveillance warrant
(1) After considering the application, the judge may issue a surveillance
warrant for a period of not more than 30 days if satisfied there are
reasonable grounds for believing— (a) the relevant person has been, is, or
is likely to be, involved in the corruption and is likely to be at the
relevant place; or
(b) evidence of the corruption is likely to be obtained
using a surveillance device at the relevant place.
(2) The judge may issue a
surveillance warrant authorising the use of a surveillance device in the
office of a practising lawyer only if the application for the warrant relates
to the lawyer’s involvement in corruption.
(3) The judge may impose any
conditions on the warrant that the judge considers are necessary in the public
interest including, but not limited to— (a) a condition requiring regular
reporting to a judge on activities under the warrant; and
(b) a condition
requiring that, if a listening device is to be used in a public place or class
of place, the officer, before installing or using the device, must have a
reasonable belief that the relevant person is or will be in the place where
the device is to be used. Example for subsection (3)(b)— The warrant may be
issued for any motel in a stated area because the officer may have a
reasonable belief that the relevant person may be in a motel in the area but
not know in advance which one. The condition may be that the device may only
be installed if the officer reasonably believes the person is likely to be in
the place.
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