South Australian Current Acts

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SURVEILLANCE DEVICES ACT 2016 - SECT 14

14—Application procedure

        (1)         An officer of an investigating agency may, for the purposes of an investigation by the agency, apply to the chief officer of the agency for a surveillance device (tracking) warrant authorising—

            (a)         the use (in a public place or elsewhere) of 1 or more tracking devices; and

            (b)         such interference as is reasonably required with any vehicle or thing situated in a public place, or in the lawful custody of the agency, to install, maintain or retrieve 1 or more tracking devices.

        (2)         An officer of an investigating agency may, for the purposes of an investigation by the agency, apply to the chief officer of the agency for the variation or renewal of a surveillance device (tracking) warrant.

        (3)         An application for a surveillance device (tracking) warrant, or the variation or renewal of a surveillance device (tracking) warrant, may be made in person, in writing, or by fax, email, telephone or any other means of communication.

        (4)         If an application is made by means other than by written application—

            (a)         the applicant must inform the chief officer of the relevant investigating agency of—

                  (i)         his or her name; and

                  (ii)         his or her rank or position in the investigating agency; and

                  (iii)         if he or she is not to be the officer primarily responsible for executing the warrant—the name of the responsible officer; and

                  (iv)         the nature and duration of the warrant sought, including the kind of tracking device to which the warrant relates; and

                  (v)         the grounds on which the warrant is sought; and

            (b)         the chief officer must make a contemporaneous written record of the details of the application; and

            (c)         the applicant must, within 24 hours of making the application, give to the chief officer written confirmation of the application.

        (5)         If a written application is made, the application must specify—

            (a)         the name of the applicant; and

            (b)         the applicant's rank or position in the investigating agency; and

            (c)         if the applicant is not to be the officer primarily responsible for executing the warrant—the name of the responsible officer; and

            (d)         the nature and duration of the warrant sought, including the kind of tracking device to which the warrant relates; and

            (e)         the grounds on which the warrant, or variation or renewal of the warrant, is sought.

        (6)         The chief officer of the investigating agency to whom an application is made may require further information to be given in relation to the application.



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