South Australian Current Acts

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SURVEILLANCE DEVICES ACT 2016 - SECT 22

22—Application for confirmation of surveillance device (emergency) authority etc

        (1)         An officer who has been granted a surveillance device (emergency) authority must, within 2 business days after the authority is granted, if the authority is still in force, apply to a judge for confirmation of—

            (a)         the authority; and

            (b)         the exercise of powers under the authority.

        (2)         An application under subsection (1) must be made by—

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

            (b)         appearing personally before the judge.

        (3)         The 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)         the kind of surveillance device to which the surveillance device (emergency) authority relates; and

                  (iv)         if a surveillance device (general) warrant in relation to the surveillance device is sought, the following matters:

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

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

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

                  (v)         the grounds on which confirmation and the warrant (if any) is sought; and

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

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



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