Northern Territory Numbered Acts Northern Territory Numbered Acts(1) A law enforcement officer (or another person on the officer's behalf) may apply for the issue of a retrieval warrant for a surveillance device if:
(a) the device was lawfully installed on a place or thing; and
(b) the law enforcement officer reasonably believes the device is still on the place or thing or on another place or thing.
(2) The application may be made to:
(a) a Judge in any case; or
(b) a magistrate in the case of an application for a retrieval warrant authorising the retrieval of a tracking device only.
(3) The application must be supported by an affidavit stating the grounds on which the warrant is sought.
(4) However, the application may be made before an affidavit is prepared or sworn if the applicant reasonably believes:
(a) the immediate retrieval of a surveillance device is necessary; 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 the day following the making of the application, send a duly sworn affidavit to the Judge or magistrate who decided the application, regardless of whether a warrant is issued.
(6) An application for a warrant must not be heard in open court.