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

212   Subsections 4(5) to (6)

Repeal the subsections, substitute:

(5) To avoid doubt, it is intended that a warrant may be issued under this Act for the installation, use, maintenance or retrieval of a surveillance device, or for access to data held in a computer, if:

(a) consideration is being given, will be given, or is likely to be given, as to whether to apply for a post-sentence order, and the use of the device or the access to the data would be likely to assist in determining whether to apply for the order; or

(b) a Part 5.3 supervisory order is in force, and the use of the device or the access to the data would be likely to substantially assist in:

(i) achieving a Part 5.3 object; or

(ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with.

(6) To avoid doubt, a tracking device authorisation may be given under this Act for the use of a tracking device to obtain information relating to a person if:

(a) a Part 5.3 supervisory order is in force in relation to the person; and

(b) the use is for either of the following purposes:

(i) achieving a Part 5.3 object;

(ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with.