Document ID: chunk:federal_register_of_legislation:C2025C00037:section:24
Version: federal_register_of_legislation:C2025C00037
Segment Type: section
Provision Reference: s 24
Character Range: 103446–104275

24  Determining the application
 (1) An eligible Judge or nominated ART member may issue a retrieval warrant if the Judge or member is satisfied:
 (a) that there are reasonable grounds for the suspicion founding the application for the warrant; and
 (b) 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
 (c) in the case of a remote application—that it would have been impracticable for the application to have been made in person.
 (2) In determining whether a retrieval warrant should be issued, the eligible Judge or nominated ART member must have regard to:
 (a) the extent to which the privacy of any person is likely to be affected; and
 (b) the public interest in retrieving the device sought to be retrieved.