Document ID: chunk:federal_register_of_legislation:C2025C00037:section:16:p1
Version: federal_register_of_legislation:C2025C00037
Segment Type: section
Provision Reference: s 16 (pt 1/4)
Character Range: 76711–79397

16  Determining the application
 (1) An eligible Judge or a nominated ART member may issue a surveillance device warrant if satisfied:
 (a) in the case of a warrant sought in relation to a relevant offence—that there are reasonable grounds for the suspicion founding the application for the warrant; and
 (b) in the case of a warrant sought in relation to a recovery order—that such an order is in force and that there are reasonable grounds for the suspicion founding the application for the warrant; and
 (ba) in the case of a warrant sought in relation to an international assistance authorisation—that such an authorisation is in force and that there are reasonable grounds for the suspicion founding the application for the warrant; and
 (bb) in the case of a warrant sought for the purposes of an integrity operation—that the integrity authority for the operation is in effect, and that there are reasonable grounds for the suspicions founding the application for the warrant (as mentioned in paragraphs 14(3B)(a) and (b)); and
 (bba) in the case of a warrant sought to determine whether to apply for a post‑sentence order—that the conditions in paragraphs 14(3BA)(a), (b) and (d) are met, and that there are reasonable grounds for the suspicions founding the application for the warrant (as mentioned in paragraphs 14(3BA)(c) and (e)); and
 (bc) in the case of a warrant sought in relation to a Part 5.3 supervisory order that is in force in relation to a person—that the order is in force in relation to the person, and that there are reasonable grounds for the suspicion founding the application for the warrant (as mentioned in paragraph 14(3C)(b)); and
 (bd) in the case of a warrant sought to determine whether to apply for a Part 9.10 order—that the conditions in paragraphs 14(3D)(a) and (c) are met, and that there are reasonable grounds for the suspicions founding the application for the warrant (as mentioned in paragraphs 14(3D)(b) and (d)); and
 (be) in the case of a warrant sought in relation to a community safety supervision order that is in force in relation to a person—that the order is in force in relation to the person, and that there are reasonable grounds for the suspicion founding the application for the warrant (as mentioned in paragraph 14(3E)(b)); and
 (c) in the case of an unsworn application—that it would have been impracticable for an affidavit to have been sworn or prepared before the application was made; and
 (d) in the case of a remote application—that it would have been impracticable for the application to have been made in person.
Note: For Part 5.3 supervisory orders that have been made but not come into force, see section 6C. For