(1)

An eligible Judge or nominated AAT 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 AAT 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.