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 such as might have been issued by a court if the
application had been made under section 15 if the court is satisfied by an
application made in accordance with section 16 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
immediate use of a listening device, an optical surveillance device, or a
tracking device is necessary for the purpose of an investigation into that
offence or suspected offence, or of enabling evidence to be obtained of the
commission of that offence or the identity or location of the offender.
(2) Where a court
issues a warrant under this section —
(a) the
court must complete and sign the warrant;
(b) the
court must inform the applicant of the terms of the warrant signed by the
court;
(c) the
applicant must complete, in duplicate, a form of warrant in the terms
furnished by the court and write on it the name of the judge or magistrate who
issued it and the date on which and the time at which it was issued; and
(d) the
court must cause a written record to be made of —
(i)
the name of the applicant;
(ii)
the name of the member of the police force of the State,
officer of the Corruption and Crime Commission, the officer of a designated
Commission or the member of the staff of the Australian Crime Commission who
transmitted the application to the court;
(iii)
details of the application; and
(iv)
the date and time the warrant is granted.
(3) Where a court
issues a warrant under this section, the applicant must, not later than the
day after the expiry of the warrant, forward to the court that issued the
warrant the form of warrant prepared by the applicant and the information
prepared and affidavit sworn in connection with the application.
(4) On receiving the
documents referred to in subsection (3), the court must compare the copy of
the form of warrant forwarded under that subsection with the warrant signed by
the court and if satisfied they are identical in substance, must note this
fact on the warrant signed by the court.
(5) A form of warrant
completed in accordance with subsection (2) by the applicant is authority for
the use it authorises if it accords with the terms of the warrant signed by
the court.
(6) Where it is
necessary for a court in any proceeding to be satisfied that the use,
installation, maintenance, or retrieval of a surveillance device was
authorised by a warrant issued under this section and the warrant signed by
the court is not produced in evidence, the court shall assume, unless the
contrary is proved, that the use, installation, maintenance, or retrieval was
not authorised by the warrant.
[Section 17 amended: No. 78 of 2003 s. 74; No. 74
of 2004 s. 72(3); No. 30 of 2006 s. 21.]