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

231   At the end of section 16

Add:

(3) In addition to the matters in subsection (2), in determining whether to issue a surveillance device warrant sought to determine whether to apply for a post-sentence order in relation to a person, the eligible Judge or nominated AAT member must have regard to:

(a) the likely value of the information sought to be obtained in determining whether to apply for the post-sentence order; and

(b) any previous application for a surveillance device warrant sought or issued to determine whether to apply for a post-sentence order in relation to the person.

(4) In addition to the matters in subsection (2), in determining whether to issue a surveillance device warrant sought in a case where a Part 5.3 supervisory order is in force in relation to a person, the eligible Judge or nominated AAT member must have regard to:

(a) the likely value of the information sought to be obtained, 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; and

(b) whether the use of the surveillance device in accordance with the warrant would be the means of obtaining the evidence or information sought to be obtained, that is likely to have the least interference with any person's privacy; and

(c) if the order is a control order:

(i) the possibility that the person has engaged, is engaging, or will engage, in a terrorist act; or

(ii) the possibility that the person has provided, is providing, or will provide, support for a terrorist act; or

(iii) the possibility that the person has facilitated, is facilitating, or will facilitate, a terrorist act; or

(iv) the possibility that the person has provided, is providing, or will provide, support for the engagement in a hostile activity in a foreign country; or

(v) the possibility that the person has facilitated, is facilitating, or will facilitate, the engagement in a hostile activity in a foreign country; and

(d) if the order is an extended supervision order or interim supervision order - the possibility that the person has committed, is committing, or will commit, a serious Part 5.3 offence; and

(e) in relation to any Part 5.3 supervisory order - the possibility that the person has contravened, is contravening, or will contravene, the order or a succeeding Part 5.3 supervisory order; and

(f) any previous surveillance device warrant sought or issued on the basis of a Part 5.3 supervisory order that is or was in force in relation to the person.