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;
(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.