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

62   After subsection 21(3)

Insert:

(3A) If:

(a) a surveillance device warrant has been sought by or on behalf of a law enforcement officer as authorised under a mutual assistance authorisation; and

(b) the chief officer of the law enforcement agency to which the law enforcement officer belongs or is seconded is satisfied that the use of a surveillance device is no longer required for the purpose of enabling evidence to be obtained of:

(i) the commission of the offence against a law of a foreign country to which the authorisation relates; or

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

the chief officer must, 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.