Western Australian Current Acts Western Australian Current Acts (1) A court may issue
a listening device warrant, an optical surveillance device warrant or a
tracking device warrant, if the court is satisfied, upon an application made
in accordance with section 15, that there are reasonable grounds for believing
that —
(a) an
offence has been or may have been, is being or is about to be, or is likely to
be, committed; and
(b) the
use of a listening device, an optical surveillance device, or a tracking
device would be likely to assist an investigation into that offence or
suspected offence, or to enable evidence to be obtained of the commission of
that offence, or the identity or location of the offender.
(2) When considering
an application for a listening device warrant, an optical surveillance device
warrant or a tracking device warrant, the court must have regard to —
(a) the
nature of the offence or suspected offence in respect of which the warrant is
sought;
(b) the
extent to which the privacy of any person is likely to be affected by the use
of a surveillance device under the warrant;
(c) the
extent to which evidence or information is likely to be obtained by methods of
investigation not involving the use of a surveillance device;
(d) the
intelligence value and the evidentiary value of any information sought to be
obtained;
(e) any
other warrants sought or issued under this Act or the Listening Devices Act
1978 4 in connection with the same matter; and
(f) the
public interest.
(3) A court, when
issuing a warrant under this Division, may authorise the use of a surveillance
device in, on or at specified premises, and when doing so, the court shall by
the warrant authorise —
(a) the
installation, maintenance, and retrieval of the device; and
(b) the
entry, by force if necessary, into or onto the specified premises, or other
specified premises adjoining or providing access to the specified premises,
for any of the purposes referred to in paragraph (a).
(4) A court, when
issuing a warrant under this Division, may authorise the use of a surveillance
device in or on a specified object, and when doing so, the court shall by the
warrant authorise —
(a) the
installation, maintenance, and retrieval of the device; and
(b) the
entry, by force if necessary, into or onto premises where the object is
reasonably believed to be or is likely to be or other premises adjoining or
providing access to those premises, for any of the purposes referred to in
paragraph (a).
(5) A court, when
issuing a warrant under this Division, may authorise the use of a surveillance
device in respect of the private conversations, private activities or
geographical location of a specified person or a person whose identity is
unknown and when doing so, the court shall by the warrant authorise —
(a) the
installation, maintenance, and retrieval of the device into or onto premises
where the person is reasonably believed to be or likely to be; and
(b) the
entry, by force if necessary, into or onto premises referred to in paragraph
(a), or other premises adjoining or providing access to those premises, for
any of the purposes referred to in paragraph (a).
(6) A court, when
issuing a warrant under this Division, may authorise the connection of a
surveillance device to an electricity supply system and the use of electricity
from that system to operate the device.
(7) A court, when
issuing a tracking device warrant, may authorise the temporary removal of a
vehicle from specified premises for the purpose of the attachment,
installation, maintenance or retrieval of a tracking device and the return of
the vehicle to those premises.
(8) A warrant issued
under this Division must specify —
(a)
except in the case of a tracking device (maintenance/retrieval) warrant, the
offence or suspected offence in respect of which the warrant is issued;
(b)
where practicable in the case of a listening device warrant or an optical
surveillance device warrant, the name of any person whose conversation or
activity may be monitored, recorded, listened to, or observed by the use of
the listening device or optical surveillance device in accordance with the
warrant;
(c)
where practicable in the case of a listening device warrant or an optical
surveillance device warrant and except in the case of a warrant issued under
subsection (5) in respect of a specified person or a person whose identity is
unknown, the location of the premises in, on or at which a device is to be
installed and conversations or activities monitored, recorded, listened to or
observed by the use of the listening device or optical surveillance device in
accordance with the warrant;
(d)
where practicable in the case of a tracking device warrant, the name of any
person or a brief description of any object whose geographical location is
sought to be determined by the tracking device;
(e) in
the case of a warrant issued under subsection (4), a brief description of the
object in or on which a surveillance device may be used;
(f) the
period that the warrant is to be in force, being in every case a period not
longer than 90 days;
(g) that
the warrant may be used at any time of the day or night within the period that
it is in force;
(h)
except in the case of a tracking device (maintenance/retrieval) warrant, that
where practicable the surveillance device should be retrieved or rendered
inoperable during the period that the warrant is in force;
(i)
the name of the person to whom the warrant is issued,
and, where the warrant is obtained on behalf of another person, the name of
that other person; and
(j) any
conditions or restrictions subject to which premises may be entered or a
surveillance device may be used under the warrant.
(9) A warrant under
this Division authorises action in accordance with its authority by the person
to whom it is issued, any other person on whose behalf it was obtained and any
other person who is properly engaged in the investigation.
(10) A court may issue
one composite warrant having effect in accordance with its terms in respect of
more than one kind of surveillance device or a surveillance device that has
more than one kind of function so long as the court has the requisite
jurisdiction in respect of each element of the warrant.
(11) A warrant under
this Division that refers to a surveillance device is to be taken to refer to
such number of surveillance devices as the person to whom the warrant is
issued reasonably believes to be necessary for the purposes of the
investigation.
(12) A court may issue
a warrant under this Division subject to such conditions or restrictions as
the court considers necessary in the public interest.