Commonwealth Consolidated Acts

SURVEILLANCE DEVICES ACT 2004 - SECT 21

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

             (2)  If:

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

                     (b)  the chief officer of the law enforcement agency to which the law enforcement officer belongs or is seconded is satisfied that the use of a surveillance device under the warrant sought is no longer necessary for the purpose of enabling evidence to be obtained of the commission of the relevant offence or the identity or location of the offender;

the chief officer must, 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)  If:

                     (a)  a surveillance device warrant has been sought by or on behalf of a law enforcement officer in relation to a recovery order; and

                     (b)  the chief officer of the law enforcement agency to which the law enforcement officer belongs or is seconded is satisfied that the use of a surveillance device is no longer required for the purpose of locating and safely recovering the child to whom the recovery order relates;

the chief officer must, 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.

             (4)  If the chief officer of a law enforcement agency is notified that a warrant has been revoked by an eligible Judge or a nominated AAT member under section 20, he or she must take the steps necessary to ensure that use of the surveillance device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

             (5)  If the law enforcement officer to whom the warrant is issued, or who is primarily responsible for executing the warrant, believes that use of a surveillance device under the warrant is no longer necessary for the purpose:

                     (a)  if the warrant was issued in relation to a relevant offence--of enabling evidence to be obtained of the commission of the relevant offence or the identity or location of the offender; or

                     (b)  if the warrant was issued in relation to a recovery order--of enabling the location and safe recovery of the child to whom the order relates;

he or she must immediately inform the chief officer of the law enforcement agency to which he or she belongs or is seconded.