Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.