Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Act 2012 (7 of 2012)

Schedule 3   Amendments relating to providing mutual assistance in criminal matters

Part 3   Telecommunications and surveillance devices

Division 2   Requests for use of surveillance devices

Surveillance Devices Act 2004

54   After subsection 14(3)

Insert:

(3A) A law enforcement officer (or another person on his or her behalf) may apply for the issue of a surveillance device warrant if he or she:

(a) is authorised to do so under a mutual assistance authorisation; and

(b) suspects on reasonable grounds that the use of a surveillance device is necessary, in the course of the investigation or investigative proceeding to which the authorisation relates, for the purpose of enabling evidence to be obtained of:

(i) the commission of the offence to which the authorisation relates; or

(ii) the identity or location of the persons suspected of committing the offence.