Document ID: chunk:federal_register_of_legislation:C2004A03942:section:1979:p7
Version: federal_register_of_legislation:C2004A03942
Segment Type: section
Provision Reference: s 1979 (pt 7/27)
Character Range: 15931–18495

to use a listening device in relation to particular premises (which may be premises anywhere in Australia); and

    (b) the Judge is satisfied, by information on oath:

           (i) that there are reasonable grounds for suspecting that the premises have been, or are likely to be, used in relation to the commission, or likely commission, of a class 1 general offence or a class 2 general offence; and

            (ii) that information that would be likely to be obtained by the use by officials of a listening device to listen to or record words spoken by or to persons in the premises would be likely to assist members in, or in relation to, inquiries that are being made in relation to the use, or likely use, of the premises in relation to the commission, or likely commission, of the offence; and

            (iii) that, having regard to the matters mentioned in subsection (6) , some or all of that information cannot appropriately be obtained by methods of a kind referred to in paragraph (6) (a); and

            (iv) if the offence is a class 2 general offence—that, having regard to the matters mentioned in subsection (7) and no other matters, such a warrant should be issued;

the Judge may issue a warrant authorising officials to use a listening device for the purpose of listening to or recording words spoken by or to any person while the person is in the premises.

"(5) The warrant may authorise officials to enter the premises for the purpose of installing, maintaining, testing, using or recovering a listening device or a part of a listening device.

"(6) For the purposes of subparagraphs (2) (b) (iii) and (4) (b) (iii), the matters to which a Judge is to have regard are as follows:

    (a) the extent to which methods of conducting inquiries in relation to the offence that do not involve the use by officials of a listening device have been used by, or are available to, members;

    (b) how much information of a kind mentioned in subparagraph (2) (b) (ii) or (4) (b) (ii), as the case may be, would be likely to be obtained by such methods;

    (c) how much the use of such methods would be likely to prejudice inquiries in relation to the offence, whether because of a delay in obtaining some or all of that information or for any other reason.

"(7) For the purposes of subparagraphs (2) (b) (iv) and (4) (b) (iv), the matters to which a Judge is to have regard are as follows:

    (a) how much the privacy of any person would be likely to be interfered with by the use by officials of a listening device in relation to the