New South Wales Consolidated Acts

SURVEILLANCE DEVICES ACT 2007 - SECT 27

27 Determining an application

(1) An eligible Judge or eligible Magistrate may issue a retrieval warrant if the Judge or Magistrate is 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 be impracticable for an affidavit to have been sworn before the application was made, and

(c) in the case of a remote application--the application is made is accordance with section 26, and

(d) except in the case of a remote application--the notice referred to in section 25(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 25(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 retrieval warrant should be issued, the eligible Judge or eligible Magistrate must have regard to--

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

(b) the public interest in retrieving the device sought to be retrieved.