Document ID: chunk:federal_register_of_legislation:C2004A03942:section:1979:p8
Version: federal_register_of_legislation:C2004A03942
Segment Type: section
Provision Reference: s 1979 (pt 8/27)
Character Range: 18290–20996

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 person or premises concerned;

    (b) the gravity of the conduct constituting the offence;

    (c) to what extent information of a kind mentioned in subparagraph (2) (b) (ii) or (4) (b) (ii), as the case may be, would be likely to assist in connection with inquiries in relation to the offence.

"(8) A warrant under this section must be:

    (a) signed by the Judge issuing the warrant; and

    (b) in accordance with the appropriate prescribed form.

"(9) A warrant under this section may be expressed to be subject to conditions or restrictions specified in the warrant.

"(10) If a warrant under this section authorises officials to enter premises:

    (a) the warrant must state whether entry is authorised to be made at any time of the day or night or only during specified hours; and

    (b) the warrant may specify that entry may be made without permission first being sought or demand first being made, and may authorise measures that the Judge is satisfied are necessary to effect the entry.

"(11) A warrant under this section must specify a period (not exceeding 6 months) for which it is to remain in force.

 "(12) Subsection (11) is not to be construed as preventing the issue of any further warrant.

Information to be given in support of application for warrant

"12h. Information given to an eligible Judge for the purposes of subsection 12g (2) or (4):

    (a) may be given orally or otherwise; and

    (b) must include the facts and other grounds on which the applicant considers it necessary that the warrant should be issued.

Exercise of powers under warrant

"12j. (1) The authority conferred by a warrant under section 12g is to be exercised only by the Commissioner or other members approved, for the purposes of the warrant or warrants under that section, by the Commissioner or a member appointed, in writing, by the Commissioner for the purposes of this subsection.

"(2) Despite subsection (1), a designated technical officer may provide technical assistance to a member who is exercising the authority conferred by the warrant.

"(3) A reference in subsection (2) to the provision of technical assistance includes a reference to the doing of any act in relation to installing, maintaining, testing, using or recovering a listening device, or a part of a listening device, in accordance with the warrant.

Discontinuance of action before expiration of warrant

"12k. If, before a warrant under section 12g expires, the Commissioner is satisfied that the grounds