Document ID: chunk:federal_register_of_legislation:C2025C00037:section:16:p2
Version: federal_register_of_legislation:C2025C00037
Segment Type: section
Provision Reference: s 16 (pt 2/4)
Character Range: 79172–81856

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 community safety supervision orders that have been made but not come into force, see section 6E.
 (2) In determining whether a surveillance device warrant should be issued, the eligible Judge or nominated ART member must have regard to:
 (a) in the case of a warrant sought in relation to a relevant offence or an international assistance authorisation, or for the purposes of an integrity operation—the nature and gravity of the alleged offence; and
 (b) in the case of a warrant sought to assist in the location and safe recovery of a child to whom a recovery order relates—the circumstances that gave rise to the making of the order; and
 (c) the extent to which the privacy of any person is likely to be affected; and
 (d) the existence of any alternative means of obtaining the evidence or information sought to be obtained; and
 (e) in the case of a warrant sought in relation to a relevant offence or a recovery order, or for the purposes of an integrity operation—the likely evidentiary or intelligence value of any evidence or information sought to be obtained; and
 (ea) in the case of a warrant sought in relation to an international assistance authorisation—the likely evidentiary or intelligence value of any evidence or information sought to be obtained, to the extent that this is possible to determine from information obtained from the international entity to which the authorisation relates; and
 (f) in the case of a warrant sought in relation to a relevant offence or a recovery order—any previous warrant sought or issued under this Division in connection with the same alleged offence or the same recovery order.
 (3) In addition to the matters in subsection (2), in determining whether to issue a surveillance device warrant sought to determine whether to apply for a post‑sentence order in relation to a person, the eligible Judge or nominated ART member must have regard to:
 (a) the likely value of the information sought to be obtained in determining whether to apply for the post‑sentence order; and
 (b) any previous application for a surveillance device warrant sought or issued to determine whether to apply for a post‑sentence order in relation to the person.
 (3A) In addition to the matters in subsection (2), in determining whether to issue a surveillance device warrant sought to determine whether to apply for a Part 9.10 order in relation to a person, the eligible Judge or nominated ART member must have regard to:
 (a)