SURVEILLANCE DEVICES ACT 1999 - SECT 20B Discontinuance of use of surveillance device under warrant

SURVEILLANCE DEVICES ACT 1999 - SECT 20B

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

    (2)     If the chief officer of the law enforcement agency 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 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)     revoke the warrant under section 20A(2).

    (3)     If the chief officer is notified that the warrant has been revoked by a judge or magistrate under section 20A, he or she must take the steps necessary to ensure that use of the surveillance device authorised by the warrant is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 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 offence or the identity or location of the offender, he or she must inform the chief officer of the law enforcement agency immediately.

Subdivision 3—Retrieval warrants

S. 20C inserted by No. 26/2004 s. 9.