South Australian Current Acts South Australian Current Acts18—Remote application procedure
(1) An
officer of an investigating agency may, if the officer believes that it is
impracticable in the circumstances to make an application in accordance with
section 17, apply for the issue, variation or renewal of a
surveillance device (general) warrant by fax, email, telephone or other
electronic means.
(2) If an application
is made by telephone, the following provisions apply:
(a) the
applicant must inform the judge—
(i)
of—
(A) the name of the applicant and the
investigating agency to which the applicant belongs; and
(B) the applicant's rank or position in
that 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) whether the applicant or
responsible officer (or both) are to be identified in the warrant under a
code name,
and the judge, on receiving that information, is entitled to assume its
accuracy without further inquiry; and
(ii)
of the nature and duration of the warrant sought,
including the kind of surveillance device to which the warrant relates; and
(iii)
of the circumstances giving rise to the necessity for the
application to be made by telephone; and
(iv)
of the grounds on which the warrant, or variation or
renewal of the warrant, is sought;
(b) the
judge may, on being satisfied as to the circumstances giving rise to the
necessity for the application being made by telephone and the grounds for the
issue of a warrant, and on the applicant giving an undertaking to make an
affidavit verifying the application, make out and sign a surveillance device
(general) warrant;
(c) the
warrant is to be taken to have been issued, and comes into force, when signed
by the judge;
(d) the
judge must inform the applicant of the terms of the warrant;
(e) the
applicant must fill out and sign a warrant form (the "duplicate surveillance
device (general) warrant ) that—
(i)
sets out the name of the judge who issued the original
warrant and the terms of the warrant; and
(ii)
complies with any other requirements prescribed by
regulation;
(f) the
applicant must, as soon as practicable after the issue of the warrant, forward
to the judge an affidavit verifying the application and a copy of the
duplicate surveillance device (general) warrant.
(3) If an application
is made by any other means under this section, the following provisions apply:
(a) the
application 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 circumstances giving rise to the necessity for the
application to be made by the particular means; and
(vii)
the grounds on which the warrant, or variation or renewal
of the warrant, is sought;
(b) the
application must be accompanied (through fax, email or other electronic means)
by an affidavit made by the applicant verifying the application;
(c) the
applicant must be available to speak to the judge by telephone;
(d) the
judge is entitled to assume, without further inquiry, that a person who
identifies himself or herself as the applicant during a telephone conversation
with the judge is indeed the applicant;
(e) the
judge may, on being satisfied as to the circumstances giving rise to the
necessity for the application being made by fax, email or other electronic
means and the grounds for the issue of a warrant, make out and sign a
surveillance device (general) warrant;
(f) the
warrant is to be taken to have been issued, and comes into force, when signed
by the judge;
(g) the
judge must forward the warrant to the applicant by fax, email or other
electronic means.
(4) The judge to whom
an application is made may require further information to be given in relation
to the application.