(1) A Judge or magistrate may issue a retrieval 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 the application 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 retrieval warrant should be issued, the Judge or magistrate must have regard to:
(a) the extent to which anyone's privacy is likely to be affected; and
(b) the public interest in retrieving the device sought to be retrieved.