Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021 (131 of 2021)

Schedule 1   Extended supervision orders

Part 2   Main consequential amendments

Surveillance Devices Act 2004

237   Subsections 21(2) to (3D)

Repeal the subsections, substitute:

Obligations on chief officers

(2) If:

(a) the surveillance device warrant has been sought by or on behalf of a law enforcement officer; and

(b) the chief officer of the law enforcement agency to which the law enforcement officer belongs or is seconded is satisfied that:

(i) the use of a surveillance device under the warrant is no longer required for the purpose for which it was sought; or

(ii) without limiting subparagraph (i), if the warrant was sought for the purposes of an integrity operation - the integrity authority for the integrity operation is no longer in effect; and

(c) the warrant was not issued to determine whether to apply for a post-sentence order;

the chief officer must (subject to subsection (3)), in addition to revoking the warrant under section 20, take the steps necessary to ensure that use of the surveillance device authorised by the warrant is discontinued.

(3) The chief officer is required to take steps under subsection (2) in relation to a surveillance device warrant that is issued on the basis of a Part 5.3 supervisory order that was in force in relation to a person only if neither the Part 5.3 supervisory order, nor any succeeding Part 5.3 supervisory order, is in force in relation to the person.

Note: A control order is not a succeeding Part 5.3 supervisory order in relation to an extended supervision order, and vice versa (see section 6D).