AustLII Tasmanian Consolidated Acts

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LISTENING DEVICES ACT 1991 - SECT 18

Radio/telephone warrants

(1)  In this section, a reference to a telephone includes a reference to a radio or any other communication device.
(2)  Upon complaint made by telephone by a police officer of or above the rank of sergeant that the police officer suspects or believes –
(a) that a prescribed offence has been, is about to be or is likely to be, committed; and
(b) that, for the purpose of an investigation into that offence or of enabling evidence to be obtained of the commission of the offence or the identity of the offender, the immediate use of a listening device is necessary –
a magistrate may, if satisfied that there are reasonable grounds for that suspicion or belief, authorize, by warrant, the use of the listening device.
(3)  A magistrate shall not grant a warrant under this section authorizing the use of a listening device if the magistrate is satisfied that it would be practicable in the circumstances for a warrant to be granted under section 17 authorizing the use of that device.
(4)  A complaint under this section may be made by a police officer by causing the complaint to be transmitted to a magistrate by another police officer.
(5)  The fact that a complaint is made under this section by a police officer who causes the complaint to be transmitted to a magistrate by another police officer does not, if the magistrate is of the opinion that it is, in all the circumstances, impracticable to communicate directly with the police officer making the complaint, prevent the magistrate being satisfied as to the matters referred to in subsection (2) .
(6)  A magistrate grants a warrant under this section by stating the terms of the warrant.
(7)  Where a magistrate grants a warrant under this section, the magistrate shall cause a record to be made in writing of –
(a) the name of the police officer who was the complainant; and
(b) where the complaint was transmitted by a police officer on behalf of the complainant, the name of the police officer who so transmitted the complaint; and
(c) the details of the complaint; and
(d) the terms of the warrant; and
(e) the date and time the warrant was granted.
(8)  The provisions of subsections (2) to (6) inclusive of section 17 apply to and in respect of a warrant granted under this section in the same way as those provisions apply to and in respect of a warrant granted under section 17 , except that a reference in section 17 (4) (c) , as so applied, to 60 days shall be read and construed as a reference to 24 hours.



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