Database of Legislation

UNTOC Articles

  • Organized Crime Convention

  • Article 20: Special investigative techniques
  • Trafficking in Persons Protocol

  • Smuggling of Migrants Protocol

  • Firearms Protocol

     

    Original Text

    (8A) A person referred to in subsection (4A) may apply to a Judge or nominated AAT member to issue a warrant to a Commonwealth law enforcement agency authorising the use of a listening device in relation to a particular item.

     

    (8B) The Judge or nominated AAT member may issue a warrant if satisfied, by information on oath, that:

    (a)      there are reasonable grounds for suspecting that the item has been, or is likely to be, used in connection with the commission of a narcotics offence; and

    (b)     the use by officials of the agency of a listening device to listen to or record words spoken by or to persons in the vicinity of the item will, or is likely to, assist officials of the agency in, or in connection with, inquiries that are being made in relation to the use, or likely use, of the item in connection with the commission of a narcotics offence; and

    (c)      some or all of the information cannot appropriately be obtained by using a listening device authorised by a warrant under subsection (5) or (7).

     

    (8C) The Judge or nominated AAT member may issue a warrant authorising one or more of the following:

    (a)      the use of a listening device by officials of the agency 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 (which may be located anywhere in Australia);

    (b)     the entry onto premises by the officials for the purpose of:

    (i)     installing the listening device or a part of the listening device in or on the item;

    (ii)    maintaining, using or recovering the device or a part of the device.

     

    (8D) A warrant may be subject to any conditions or restrictions that the Judge or nominated AAT member sees fit to specify in the warrant.

     

    (8E) A warrant must be signed by the judge or nominated AAT member and in accordance with the prescribed form.

     
     

    Cross-Cutting Issues

    • Investigation Procedure

      • Special investigative techniques

        • • Electronic or other forms of surveillance