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SURVEILLANCE DEVICES ACT 2004 - SECT 19 Extension and variation of surveillance device warrant

SURVEILLANCE DEVICES ACT 2004 - SECT 19

Extension and variation of surveillance device warrant

  (1)   A law enforcement officer to whom a surveillance device warrant has been issued (or another person on his or her behalf) may apply, at any time before the expiry of the warrant:

  (a)   for an extension of the warrant for a period of no more than:

  (i)   90 days after the day the warrant would otherwise expire; or

  (ii)   if the warrant is issued for the purposes of an integrity operation--21 days after the day the warrant would otherwise expire; or

  (b)   for a variation of any of the other terms of the warrant.

  (2)   The application is to be made to an eligible Judge or to a nominated AAT member and must be accompanied by the original warrant.

  (3)   Sections   14 and 15 apply, with any necessary changes, to an application under this section as if it were an application for the warrant.

  (4)   The Judge or member may grant an application if satisfied that the matters referred to in subsection   16(1) still exist, having regard to the matters in subsections   16(2), (3), (3A), (4) and (5) (as the case requires).

  (5)   If the Judge or member grants the application, the Judge or member must endorse the new expiry date or the other varied term on the original warrant.

  (6)   An application may be made under this section more than once.