New South Wales Consolidated Acts

SURVEILLANCE DEVICES ACT 2007 - SECT 29

29 What a retrieval warrant authorises

(1) A retrieval warrant (subject to any conditions specified in it) authorises--

(a) the retrieval of the surveillance device specified in the warrant and any enhancement equipment in relation to the device, and

(b) the entry, by force if necessary, onto or into the premises or vehicle where the surveillance device is reasonably believed to be, or other premises adjoining or providing access to those premises or the vehicle, for the purpose of retrieving the device and equipment, and

(c) the use of an assumed identity for the purpose of retrieval of the device and equipment, and

(d) the disconnection of, or otherwise making inoperative, any security system for the purpose of retrieving the device or equipment, and

(e) the temporary removal of an object or vehicle from premises for the purpose of retrieving the device or equipment and the return of the object or vehicle to the premises, and

(f) the breaking open of any thing for the purpose of the retrieval of the device and equipment, and

(g) if the device or equipment is installed on or in an object, the temporary removal of the object from any place where it is situated for the purpose of the retrieval of the device and equipment and the return of the object to that place, and

(h) the provision of assistance or technical expertise to the law enforcement officer named in the warrant in the retrieval of the device or equipment.

(2) The warrant also authorises the use of the surveillance device and any enhancement equipment in relation to the device solely for the purposes of the location and retrieval of the device or equipment.

(3) Any information obtained from the use of a surveillance device and any enhancement equipment for the purposes of the location and retrieval of the device or equipment under subsection (2) must not be used, communicated or published for any other purpose and is inadmissible as evidence in any legal proceedings.

(4) A retrieval warrant may authorise the doing of anything reasonably necessary to conceal the fact that anything has been done in relation to the retrieval of a surveillance device or enhancement equipment under the warrant.