New South Wales Consolidated Acts

SURVEILLANCE DEVICES ACT 2007 - SECT 24

24 Discontinuance of use of surveillance device under warrant

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

(2) If the chief officer of the law enforcement agency of which the law enforcement officer concerned is a member is satisfied that the use of a surveillance device under the warrant 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:

(a) take the steps necessary to ensure that use of the surveillance device authorised by the warrant is discontinued as soon as practicable, and

(b) cause an application to be made for the revocation of the warrant under section 23.

(3) If the chief officer is notified that the warrant has been revoked under section 23, he or she must take the steps necessary to ensure that use of the surveillance device authorised by the warrant is discontinued immediately.

(4) If the law enforcement officer to whom the warrant is issued, or who is primarily responsible for executing the warrant, believes that the use of a surveillance device under the warrant 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, he or she must inform the chief officer of the law enforcement agency immediately.