Victorian Consolidated Legislation

Surveillance Devices Act 1999 - SECT 20B

Discontinuance of use of surveillance device under warrant

20B. Discontinuance of use of surveillance device under warrant



(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(3) If the chief officer is notified that the warrant has been revoked by a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