
(5A) If:
(a) the application is for a warrant authorising officials to use a listening device in relation to a particular item (which may be located anywhere in Australia); and
(b) the Judge or nominated AAT member is satisfied, by information on oath:
(i) that there are reasonable grounds for suspecting that the item has been, or is likely to be, used in relation to the commission, or likely commission, of a class 1 general offence or a class 2 general offence; and
(ii) that information that would be likely to be obtained by the use by officials of a listening device to listen to or record words spoken by or to persons in the vicinity of the item would be likely to assist members in, or in relation to, inquiries that are being made in relation to the use, or likely use, of the item in relation to the commission, or likely commission, of the offence; and
(iii) that, having regard to the matters mentioned in subsection (6), some or all of that information cannot appropriately be obtained by methods of a kind referred to in paragraph (6)(a); and
(iv) some or all of that information cannot appropriately be obtained using a listening device authorised by a warrant under subsection (2) or (4); and
(v) if the offence is a class 2 general offence—that, having regard to the matters mentioned in subsection (7) and no other matters, such a warrant should be issued;
the Judge or nominated AAT member may issue a warrant authorising officials to use a listening device for the purpose of listening to or recording words spoken by or to any person while the person is in the vicinity of the item.
(5B) The warrant may authorise officials to enter any premises in which the item is, or is likely to be, for the purpose of:
(a) installing a listening device or a part of a listening device in or on the item; or
maintaining, testing, using or recovering the device or a part of the device.