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Tuesday, 30 November 2004
Page: 21


Senator GREIG (1:41 PM) —I now move Democrat amendment (5):

(5) Clause 14, page 16 (line 14), at the end of subclause (1), add:

; and (d) it would be highly impractical to obtain the evidence referred to in paragraph (c) by any alternative means.

This is a simple amendment which aims to ensure that law enforcement agencies only seek surveillance device warrants in those circumstances where it would be highly impractical to obtain the relevant evidence by alternative means. We note that the bill currently requires that the law enforcement officer must suspect on reasonable grounds that the use of a surveillance device is necessary in the course of an investigation for the purpose of enabling evidence to be obtained. The Democrat amendments seek to take this requirement just that one step further by making it clear that the officer must have reasonable grounds for believing that it would be highly impractical to obtain the relevant evidence that they are seeking by any alternative means.