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SURVEILLANCE DEVICES ACT 2004 - SECT 49A Notification to Ombudsman in relation to Part 5.3 warrants or Part 9.10 warrants

SURVEILLANCE DEVICES ACT 2004 - SECT 49A

Notification to Ombudsman in relation to Part 5.3 warrants or Part 9.10 warrants

  (1)   Within 6 months after a Part   5.3 warrant or a Part   9.10 warrant is issued in response to an application by a law enforcement officer of a law enforcement agency, the chief officer of the agency must:

  (a)   notify the Ombudsman that the warrant has been issued; and

  (b)   give the Ombudsman a copy of the warrant.

  (2)   As soon as practicable after the law enforcement agency, or a law enforcement officer of the law enforcement agency, contravenes any of the following conditions or provisions, the chief officer of the agency must notify the Ombudsman of the contravention:

  (a)   a condition specified in the warrant;

  (b)   any of the following provisions, to the extent that they relate to the warrant:

  (i)   subsection   20(2);

  (ii)   subsection   27G(2);

  (iii)   section   45;

  (iv)   subsection   46(1);

  (c)   section   46A;

  (ca)   section   46B;

  (d)   subsection   50A(4).

  (3)   A failure to comply with subsection   (1) or (2) does not affect the validity of the warrant.

  (4)   This section applies in relation to a tracking device authorisation given on the basis of a Part   5.3 supervisory order, or a community safety supervision order, that is or was in force in the same way as this section applies in relation to a surveillance device warrant or computer access warrant.