(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.