Northern Territory Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SURVEILLANCE DEVICES ACT 2007 (NO 19 OF 2007) - SECT 21

Deciding application

    (1)     A Judge or magistrate may issue a surveillance device warrant if satisfied:

    (a)     there are reasonable grounds for the belief founding the application for the warrant; and

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

    (c)     in the case of a remote application – it would have been impracticable for the application to have been made in person.

    (2)     In deciding whether a surveillance device warrant should be issued, the Judge or magistrate must have regard to:

    (a)     the nature and gravity of the alleged offence for which the warrant is sought; and

    (b)     the extent to which anyone's privacy is likely to be affected; and

    (c)     the existence of any alternative way of obtaining the evidence or information sought to be obtained and the extent to which that way may assist or prejudice the investigation; and

    (d)     the evidentiary or intelligence value of any information sought to be obtained; and

    (e)     any previous warrant sought or issued under this Division or a corresponding law (if known) in relation to the same offence.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback