Queensland Consolidated Acts

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 338

338 Deciding application

(1) A Supreme Court judge or a magistrate may issue a retrieval warrant if the judge or magistrate is satisfied—

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

(b) for a remote application—that 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 the privacy of any person is likely to be affected; and

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

(c) any submissions made by a monitor.