New South Wales Consolidated Acts

SURVEILLANCE DEVICES ACT 2007 - SECT 19

19 Determining the application

(1) An eligible Judge or eligible Magistrate may issue a surveillance device warrant if satisfied--

(a) that there are reasonable grounds for the suspicion or belief founding the application for the warrant, and

(b) in the case of an unsworn application--that it would have been impracticable for the application to have been prepared or sworn before the application was made, and

(c) in the case of a remote application--the application is made is accordance with section 18, and

(d) except in the case of a remote application--the notice referred to in section 17(5A) has been served on the Attorney General, and

(e) in the case of a remote application--the Attorney General has been notified of the application and been given as much of the information required to be included in the notice referred to in section 17(5A) as it is reasonable to provide in the circumstances, and

(f) the Attorney General has had an opportunity to be heard in relation to the granting of the warrant.

(2) In determining whether a surveillance device warrant should be issued, the eligible Judge or eligible Magistrate must have regard to--

(a) for an application under section 17(1)--the nature and gravity of the alleged offence in respect of which the warrant is sought, and

(b) the extent to which the privacy of any person is likely to be affected, and

(c) the existence of any alternative means of obtaining the evidence or information sought to be obtained and the extent to which those means may assist or prejudice the investigation, and

(d) the extent to which the information sought to be obtained would assist the investigation, and

(e) the evidentiary value of any information sought to be obtained, and

(f) for an application under section 17(1)--any previous warrant sought or issued under this Part or a corresponding law (if known) in connection with the same offence, and

(g) for an application under section 17(1A)--any previous warrant sought or issued under this Part or a corresponding law in connection with the same inmate.