South Australian Current Acts

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SURVEILLANCE DEVICES ACT 2016 - SECT 17

17—Usual application procedure

        (1)         An officer of an investigating agency may, for the purposes of an investigation by the agency, apply to a judge for a surveillance device (general) warrant authorising 1 or more of the following:

            (a)         the use of 1 or more surveillance devices (including a tracking device);

            (b)         entry to or interference with any premises as reasonably required for the purposes of installing, using, maintaining or retrieving 1 or more surveillance devices;

            (c)         interference with any vehicle or thing as reasonably required for the purposes of installing, using, maintaining or retrieving 1 or more surveillance devices.

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

        (3)         Subject to section 18, an application must be made by—

            (a)         providing a judge with an application in writing; and

            (b)         appearing personally before the judge.

        (4)         A written application—

            (a)         must specify—

                  (i)         the name of the applicant and the investigating agency to which the applicant belongs; and

                  (ii)         the applicant's rank or position in that agency; and

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

                  (iv)         whether the applicant or responsible officer (or both) are to be identified in the warrant under a code name; and

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

                  (vi)         the grounds on which the warrant, or variation or renewal of the warrant, is sought; and

            (b)         must be accompanied by an affidavit verifying the application.

        (5)         The judge to whom an application is made may require further information to be given in relation to the application.



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