South Australian Current Acts

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SURVEILLANCE DEVICES ACT 2016 - SECT 15

15—Surveillance device (tracking) warrant

        (1)         The chief officer of an investigating agency to whom an application is made may issue a surveillance device (tracking) warrant if satisfied that there are, in the circumstances of the case, reasonable grounds for issuing the warrant, taking into account—

            (a)         the nature and gravity of the criminal conduct to which the investigation relates; and

            (b)         the availability of alternative means of obtaining the information; and

            (c)         any other surveillance device warrant under this Act applied for or issued in relation to the same matter; and

            (d)         any other matter the chief officer considers relevant.

        (2)         A surveillance device (tracking) warrant—

            (a)         must specify—

                  (i)         the name of the applicant; and

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

                  (iii)         the name of the issuing officer; and

                  (iv)         the kind of tracking device authorised to be used under the warrant; and

                  (v)         if the warrant authorises the use of a tracking device in respect of the geographical location of a person—

                        (A)         the name of the person (if known); or

                        (B)         if the name of the person is unknown—that fact and a general description of the person; and

                  (vi)         the period for which the warrant will be in force (being a period not longer than 90 days); and

            (b)         may contain—

                  (i)         conditions and limitations; and

                  (ii)         any other matter,

as the issuing officer thinks fit.

        (3)         Subject to any conditions or limitations specified in the surveillance device (tracking) warrant—

            (a)         a warrant authorising the use (in a public place or elsewhere) of a tracking device in respect of the geographical location of a specified person or a person whose specific identity is unknown who, according to the terms of the warrant, is suspected on reasonable grounds of having committed, or being likely to commit, a serious offence will be taken to authorise interference with any vehicle or thing situated in a public place, or in the lawful custody of the relevant investigating agency, as reasonably required to install, use, maintain or retrieve the device for that purpose; and

            (b)         a warrant authorising (whether under the terms of the warrant or by force of paragraph (a)) interference with any vehicle or thing in a public place, or in the lawful custody of the relevant investigating agency, will be taken to authorise the use of reasonable force or subterfuge for that purpose; and

            (c)         the powers conferred by the warrant may be exercised by the responsible officer or under the authority of the responsible officer at any time and with such assistance as is necessary.

        (4)         If the chief officer of the investigating agency is satisfied that the grounds on which a surveillance device (tracking) warrant was issued have ceased to exist, the chief officer must, if the warrant is still in force, cancel the warrant by instrument in writing.

        (5)         A surveillance device (tracking) warrant may, at any time, be cancelled by instrument in writing by the chief officer of the investigating agency.



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