Australian Capital Territory Numbered Acts

CRIMES (SURVEILLANCE DEVICES) ACT 2010 (NO. 23 OF 2010) - SECT 11

    (1)     A law enforcement officer (or another person on the officer's behalf) may apply for the issue of a surveillance device warrant if the law enforcement officer suspects or believes on reasonable grounds that—

        (a)     a relevant offence has been, is being, is about to be or is likely to be committed; and

        (b)     an investigation into that offence is being, will be or is likely to be conducted in the ACT, in the ACT and in 1 or more participating jurisdictions or in 1 or more participating jurisdictions; and

        (c)     the use of a surveillance device in the ACT, in the ACT and in 1 or more participating jurisdictions or in 1 or more participating jurisdictions is or will be necessary in the course of that investigation for the purpose of enabling evidence or information to be obtained of the commission of the relevant offence or the identity or location of the offender.

    (2)     The application may be made to—

        (a)     a judge; or

        (b)     for an application for a surveillance device warrant authorising the use of a tracking device only—a magistrate.

    (3)     An application—

        (a)     must state—

              (i)     the name of the applicant; and

              (ii)     the nature and duration of the warrant sought, including the kind of surveillance device sought to be authorised; and

        (b)     subject to this section, must be supported by an affidavit setting out the grounds on which the warrant is sought.

    (4)     An application for a warrant may be made before an affidavit is prepared or sworn if a law enforcement officer believes that—

        (a)     the immediate use of a surveillance device is necessary for a purpose mentioned in subsection (1) (c); and

        (b)     it is impracticable for an affidavit to be prepared or sworn before an application for a warrant is made.

    (5)     If subsection (4) applies, the applicant must—

        (a)     give as much information as the judge or magistrate considers is reasonably practicable in the circumstances; and

        (b)     not later than 72 hours after making the application, send a sworn affidavit to the judge or magistrate, whether or not a warrant has been issued.

    (6)     An application for a warrant must not be heard in open court.