Document ID: chunk:federal_register_of_legislation:C2025C00037:section:17:p1
Version: federal_register_of_legislation:C2025C00037
Segment Type: section
Provision Reference: s 17 (pt 1/3)
Character Range: 85374–87994

17  What must a surveillance device warrant contain?
 (1) A surveillance device warrant must:
 (a) state that the eligible Judge or nominated ART member issuing the warrant is satisfied of the matters referred to in subsection 16(1) and has had regard to the matters referred to in subsections 16(2), (3), (3A), (4) and (5) (as the case requires); and
 (b) specify:
 (i) the name of the applicant; and
 (ii) if the warrant relates to one or more alleged relevant offences—the alleged offences in respect of which the warrant is issued; and
 (iii) if the warrant relates to a recovery order—the date the order was made and the name of the child to whom the order relates; and
 (iiia) if the warrant relates to an international assistance authorisation—each offence to which the authorisation relates; and
 (iiib) if the warrant is issued for the purposes of an integrity operation—the integrity authority for the operation and each alleged relevant offence in relation to which the authority was granted; and
 (iv) the date the warrant is issued; and
 (v) the surveillance device or devices authorised to be used; and
 (vi) if the warrant authorises the use of a surveillance device on premises—the premises on which the use of the surveillance device is authorised; and
 (vii) if the warrant authorises the use of a surveillance device in or on an object or class of object—the object or class of object in or on which the use of the surveillance device is authorised; and
 (viii) if the warrant authorises the use of a surveillance device in respect of the conversations, activities or location of a person—the name of the person (if known) or the fact that the person's identity is unknown; and
 (ix) the period during which the warrant is in force (see subsection (1A)); and
 (x) the name of the law enforcement officer primarily responsible for executing the warrant; and
 (xi) any conditions subject to which premises may be entered, or a surveillance device may be used, under the warrant.
 (1AA) If a surveillance device warrant is issued to determine whether to apply for a post‑sentence order in relation to a person, the warrant must also specify the name of the person.
 (1AB) If a warrant is issued on the basis of a Part 5.3 supervisory order that is in force in relation to a person, the warrant must also specify the following details in relation to the order:
 (a) the name of the person;
 (b) the date the order was made;
 (c) if (disregarding section 6C) the order is not already in force and the order is not an interim control order—when the order comes into force;
 (d) whether the order is:
 (i) an