Victorian Current Acts

SURVEILLANCE DEVICES ACT 1999 - SECT 18

    (1)     A surveillance device warrant must—

        (a)     state that the judge or magistrate is satisfied of the matters referred to in section 17(1) and has had regard to the matters referred to in section 17(2); and

        (b)     specify—

              (i)     the name of the applicant; and

              (ii)     the alleged offence in respect of which the warrant is issued; and

              (iii)     the date the warrant is issued; and

              (iv)     the kind of surveillance device authorised to be used; and

              (v)     if the warrant authorises the use of a surveillance device on premises—the premises on which the use of the surveillance device is authorised; and

              (vi)     if the warrant authorises the use of a surveillance device in or on an object or class of object—the object or class of object in or on which the use of the surveillance device is authorised; and

              (vii)     if the warrant authorises the use of a surveillance device in respect of the conversations, activities or geographical location of a person—the name of the person (if known); and

              (viii)     the period during which the warrant is in force, being a period not exceeding 90 days; and

              (ix)     the name of the law enforcement officer primarily responsible for executing the warrant; and

              (x)     any conditions subject to which premises may be entered, or a surveillance device may be used, under the warrant; and

              (xi)     the time within which a report in respect of the warrant must be made to the judge or magistrate under section 30K.

    (2)     In the case of a warrant referred to in subsection (1)(b)(vii), if the identity of the person is unknown, the warrant must state that fact.

S. 18(3) substituted by No. 33/2018 s. 101.

    (3)     A warrant must—

        (a)     be signed by the person issuing it (either by hand or with an electronic signature); and

        (b)     include the name of the person issuing it.

    (4)     If the judge or magistrate issues a warrant on a remote application—

        (a)     the judge or magistrate must inform the applicant of—

              (i)     the terms of the warrant; and

              (ii)     the date on which and the time at which the warrant was issued—

and cause those details to be entered in a register kept by the judge or magistrate for the purpose; and

        (b)     the judge or magistrate must provide the applicant with a copy of the warrant as soon as practicable.

S. 19 substituted by No. 26/2004 s. 9.