Document ID: chunk:federal_register_of_legislation:C2025C00037:section:22
Version: federal_register_of_legislation:C2025C00037
Segment Type: section
Provision Reference: s 22
Character Range: 101465–102937

22  Application for retrieval warrant
 (1) A law enforcement officer (or another person on his or her behalf) may apply for the issue of a retrieval warrant in respect of a surveillance device that:
 (a) was lawfully installed on premises, or in or on an object, under:
 (i) a surveillance device warrant; or
 (ii) a tracking device authorisation; and
 (b) the law enforcement officer suspects on reasonable grounds is still on those premises or in or on that object, or on other premises or in or on another object.
 (2) The application may be made to an eligible Judge or to a nominated ART member.
 (3) Subject to this section, the application must be supported by an affidavit setting out the grounds on which the retrieval warrant is sought.
 (4) If a law enforcement officer believes that:
 (a) the immediate retrieval of a surveillance device is necessary; and
 (b) it is impracticable for an affidavit to be prepared or sworn before the application for a retrieval warrant is made;
the application may be made before an affidavit is prepared or sworn.
 (5) If subsection (4) 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 following the making of the application, send a duly sworn affidavit to the eligible Judge or nominated ART member who determined the application, whether or not a warrant has been issued.