SURVEILLANCE DEVICES ACT 2004 - SECT 21 Discontinuance of use of surveillance device under warrant

SURVEILLANCE DEVICES ACT 2004 - SECT 21

  (1)   This section applies if a surveillance device warrant is issued to a law enforcement officer.

Obligations on chief officers

  (2)   If:

  (a)   the surveillance device warrant has been sought by or on behalf of a law enforcement officer; and

  (b)   the chief officer of the law enforcement agency to which the law enforcement officer belongs or is seconded is satisfied that:

  (i)   the use of a surveillance device under the warrant is no longer required for the purpose for which it was sought; or

  (ii)   without limiting subparagraph   (i), if the warrant was sought for the purposes of an integrity operation--the integrity authority for the integrity operation is no longer in effect; and

  (c)   the warrant was not issued to determine whether to apply for a post - sentence order; and

  (d)   the warrant was not issued to determine whether to apply for a Part   9.10 order;

the chief officer must (subject to subsections   (3) and (3A)), in addition to revoking the warrant under section   20, take the steps necessary to ensure that use of the surveillance device authorised by the warrant is discontinued.

  (3)   The chief officer is required to take steps under subsection   (2) in relation to a surveillance device warrant that is issued on the basis of a Part   5.3 supervisory order that was in force in relation to a person only if neither the Part   5.3 supervisory order, nor any succeeding Part   5.3 supervisory order, is in force in relation to the person.

Note:   A control order is not a succeeding Part   5.3 supervisory order in relation to an extended supervision order, and vice versa (see section   6D).

  (3A)   The chief officer is required to take steps under subsection   (2) in relation to a surveillance device warrant that is issued on the basis of a community safety supervision order that was in force in relation to a person only if neither the community safety supervision order, nor any succeeding community safety supervision order, is in force in relation to the person.

  (4)   If the chief officer of a law enforcement agency is notified that a warrant has been revoked by an eligible Judge or a nominated AAT member under section   20, the chief officer must take the steps necessary to ensure that use of the surveillance device authorised by the warrant is discontinued as soon as practicable.

Obligations on law enforcement officers to whom warrants are issued etc.

  (5)   If the law enforcement officer to whom the warrant is issued, or who is primarily responsible for executing the warrant, believes that:

  (a)   use of a surveillance device under the warrant is no longer required for the purpose for which the warrant was issued; or

  (b)   without limiting paragraph   (a), if the warrant was sought for the purposes of an integrity operation--the integrity authority for the integrity operation is no longer in effect;

the officer must (subject to subsections   (6) and (7)) immediately inform the chief officer of the law enforcement agency to which the officer belongs or is seconded.

  (6)   If the law enforcement officer to whom a warrant is issued, or who is primarily responsible for executing a warrant issued, on the basis that a Part   5.3 supervisory order was in force in relation to a person believes that neither that order, nor any succeeding Part   5.3 supervisory order, is in force in relation to the person, the officer must immediately inform the chief officer of the law enforcement agency to which the officer belongs or is seconded.

  (7)   If the law enforcement officer to whom a warrant is issued, or who is primarily responsible for executing a warrant issued, on the basis that a community safety supervision order was in force in relation to a person believes that neither that order, nor any succeeding community safety supervision order, is in force in relation to the person, the officer must immediately inform the chief officer of the law enforcement agency to which the officer belongs or is seconded.