Document ID: chunk:federal_register_of_legislation:C2025C00037:section:14:p3
Version: federal_register_of_legislation:C2025C00037
Segment Type: section
Provision Reference: s 14 (pt 3/4)
Character Range: 73589–76183

a serious violent or sexual offence; and
 (c) consideration is being given, will be given, or is likely to be given, by the Immigration Minister (or a person on behalf of the Immigration Minister), as to whether to apply for a Part 9.10 order in relation to the person; and
 (d) the officer suspects on reasonable grounds that the use of a surveillance device to obtain information would be likely to assist in determining whether to apply for the Part 9.10 order.

Warrants sought for community safety supervision orders
 (3E) A law enforcement officer (or another person on the officer's behalf) may apply for the issue of a surveillance device warrant if:
 (a) a community safety supervision order is in force in relation to a person; and
 (b) the law enforcement officer suspects on reasonable grounds that the use of a surveillance device to obtain information relating to the person would be likely to substantially assist in:
 (i) achieving a Part 9.10 object; or
 (ii) determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with.
Note: For community safety supervision orders that have been made but not come into force, see section 6E.

Procedure for making applications
 (4) The application under subsection (1), (3), (3A), (3B), (3BA), (3C), (3D) or (3E) may be made to an eligible Judge or to a nominated ART member.
 (5) An application:
 (a) must specify:
 (i) the name of the applicant; and
 (ii) the nature and duration of the warrant sought, including the kind of surveillance device or devices sought to be authorised; and
 (b) subject to this section, must be supported by an affidavit setting out the grounds on which the warrant is sought.
 (6) If a law enforcement officer believes that:
 (a) the immediate use of a surveillance device is necessary for a purpose referred to in paragraph (1)(c) or may assist as described in paragraph (3)(b), or would be likely to substantially assist as described in paragraph (3C)(b) or (3E)(b); and
 (b) it is impracticable for an affidavit to be prepared or sworn before an application for a warrant is made;
an application for a warrant may be made before an affidavit is prepared or sworn.
 (7) If subsection (6) applies, the applicant must:
 (a) provide as much information as the eligible Judge or nominated ART member considers is reasonably practicable in the circumstances; and
 (b) not later than 72 hours after the making of the application, send a duly sworn affidavit to the Judge or member, whether or not a warrant has been issued.