MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004 - SECT 10 Extension or variation of coercive powers order
MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004 - SECT 10
Extension or variation of coercive powers orderS. 10(1) amended by No. 37/2014 s. 10(Sch. item 103.3).
(1) Subject to subsection (2), a police officer on whose application a coercive powers order has been made, or another person on his or her behalf, may apply to the Supreme Court for—
(a) an extension of the order for a period not exceeding 12 months from the day on which it would otherwise expire; or
(b) a variation of any of the other terms of the order.
(2) An application under subsection (1) may only be made with the approval of the Chief Commissioner or a delegate of the Chief Commissioner.
(3) Section 5 applies to an application for extension or variation of a coercive powers order as if it were an application for an order.
S. 10(3A) inserted by No. 72/2011 s. 27, amended by No. 70/2013 s. 3(Sch. 1 item 28.2).
(3A) The Supreme Court must have regard to any submissions made by a Public Interest Monitor before making a decision under subsection (4).
(4) On an application under this section, the Supreme Court may, at any time before the expiry of a coercive powers order, make a new order providing for—
(a) the extension of the original order for a period not exceeding 12 months from the day on which it would otherwise expire; or
(b) variation of the other terms of the original order.
(5) A coercive powers order may be extended or varied more than once.
(6) If the Supreme Court makes an order under this section, the applicant must cause a copy of the order to be given to the Chief Examiner as soon as practicable after the making of the order.