Victorian Consolidated Legislation

Surveillance Devices Act 1999 - SECT 20

Extension and variation of surveillance device warrant

20. Extension and variation of surveillance device warrant



(1) A law enforcement officer to whom a surveillance device warrant has been
issued (or another person on his or her behalf) may apply, at any time before
the expiry of the warrant-

   (a)  for an extension of the warrant for a period not exceeding 90 days
        from the day on which it would otherwise expire; or

   (b)  for a variation of any of the other terms of the warrant.

(2) The application is to be made to-

   (a)  a Supreme Court judge, if the warrant was issued by a Supreme Court
        judge; or

   (b)  a magistrate, if the warrant was issued by a magistrate.

(3) Sections 15 and 16 apply, with any necessary changes, to an application
under this section as if it were an application for the warrant.

(4) The judge or magistrate may grant an application, subject to any
conditions he or she thinks fit, if satisfied that the matters referred to in
section 17(1) still exist, having regard to the matters in section 17(2).

(5) If the judge or magistrate grants the application, the judge or magistrate
must endorse the new expiry date or the other varied term on the original
warrant.

(6) An application may be made under this section more than once.