Western Australian Current Acts

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SURVEILLANCE DEVICES ACT 1998 - SECT 18A

18A .         Enhanced powers concerning surveillance devices

        (1)         In this section —

        section 5 offence has the meaning given by section 5 of the Corruption, Crime and Misconduct Act 2003 .

        (2)         This section has effect if —

            (a)         a police officer applies under section 15 or 16 for a warrant and the offence concerned is a section 5 offence; or

            (b)         an officer of the Corruption and Crime Commission applies under section 15 or 16 for a warrant.

        (3)         The effects of this section are that —

            (a)         instead of the court having to be satisfied that there are reasonable grounds for believing anything described in section 13(1)(a) or 17(1)(a), it is sufficient that the court be satisfied that there are reasonable grounds for suspecting it;

            (b)         in the case of an application referred to in subsection (2)(a) the court to which the application is made is to regard the fact that the offence concerned is a section 5 offence as justifying investigative powers in addition to those that it might otherwise regard as being in the public interest;

            (c)         in the case of an application referred to in subsection (2)(b), the court to which the application is made is to regard the fact that the application is made by the Corruption and Crime Commission or an officer of the Corruption and Crime Commission as justifying investigative powers in addition to those that it might otherwise regard as being in the public interest; and

            (d)         anything that the warrant may authorise to be done if there is a reasonable belief as to any matter may be authorised by the warrant to be done also if there is a reasonable suspicion as to the matter.

        [Section 18A inserted: No. 78 of 2003 s. 74(1); amended: No. 35 of 2014 s. 39.]



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