South Australian Current Acts South Australian Current Acts19—Surveillance device (general) warrant
(1) A judge to whom an
application is made may issue a surveillance device (general) warrant if
satisfied that there are, in the circumstances of the case, reasonable grounds
for issuing the warrant, taking into account—
(a) the
extent to which the privacy of any person would be likely to be interfered
with by use of the kind of device to which the warrant relates; and
(b) the
gravity of the criminal conduct to which the investigation relates; and
(c) the
significance to the investigation of the information sought to be obtained;
and
(d) the
likely effectiveness of the use of the surveillance device in obtaining the
information sought; and
(e) the
availability of alternative means of obtaining the information; and
(f) any
other warrant under this Act applied for or issued in relation to the same
matter; and
(g) any
other matter the judge considers relevant.
(2) A surveillance
device (general) warrant—
(a)
subject to subsection (3), 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
(i)
the kind of surveillance device to which the warrant
relates; and
(ii)
if the warrant authorises the use of a
surveillance device on or in premises or a vehicle—the premises or
vehicle; and
(iii)
if the warrant authorises the use of a
surveillance device in or on a thing or a thing of a class—the thing or
class of thing; and
(iv)
if the warrant authorises the use of a
surveillance device in respect of the conversations, activities or
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
(v)
the period for which the warrant will be in force (being
a period not longer than 90 days); and
(c) may
contain—
(i)
conditions and limitations; and
(ii)
any other matter as the judge thinks fit.
(3) If the judge is
satisfied that the disclosure in the surveillance device (general) warrant of
the name of the applicant or the responsible officer may endanger the safety
of the applicant, the responsible officer or some other person, the warrant
may, instead, specify in respect of either or both of them a unique code
approved by
the judge (a "code name").
(4) Subject to any
conditions or limitations specified in the surveillance device (general)
warrant—
(a) a
warrant authorising the use of a surveillance device in respect of the
conversations, activities or geographical location of a specified person, or a
person whose 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—
(i)
entry to or interference with any premises, vehicle or
thing as reasonably required to install, use, maintain or retrieve the device
for that purpose; and
(ii)
the use of the device on or about the body of the person;
and
(b) a
warrant authorising (whether under the terms of the warrant or by force of
paragraph (a)(i)) entry to or interference with any premises, vehicle or
thing will be taken to authorise—
(i)
the use of reasonable force or subterfuge for that
purpose; and
(ii)
any action reasonably required to be taken in respect of
a vehicle or thing for the purpose of installing, using, maintaining or
retrieving a surveillance device to which the warrant relates; and
(iii)
the extraction and use of electricity for that purpose or
for the use of the surveillance device to which the warrant relates; and
(c) a
warrant authorising entry to specified premises will be taken to authorise
non-forcible passage through adjoining or nearby premises (but not through the
interior of any building or structure) as reasonably required for the purpose
of gaining entry to those specified premises; and
(d) 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.
(5) If the
chief officer of the investigating agency is satisfied that the grounds on
which a surveillance device (general) 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.
(6) A
surveillance device (general) warrant may, at any time, be cancelled by
instrument in writing by the chief officer of the investigating agency.