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

239   Subsections 21(5) and (6)

Repeal the subsections, substitute:

Obligations on law enforcement officers to whom warrants are issued etc.

(5) If the law enforcement officer to whom the warrant is issued, or who is primarily responsible for executing the warrant, believes that:

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

(b) without limiting paragraph (a), if the warrant was sought for the purposes of an integrity operation - the integrity authority for the integrity operation is no longer in effect;

the officer must (subject to subsection (6)) immediately inform the chief officer of the law enforcement agency to which the officer belongs or is seconded.

(6) If the law enforcement officer to whom a warrant is issued, or who is primarily responsible for executing a warrant issued, on the basis that a Part 5.3 supervisory order was in force in relation to a person believes that neither that order, nor any succeeding Part 5.3 supervisory order, is in force in relation to the person, the officer must immediately inform the chief officer of the law enforcement agency to which the officer belongs or is seconded.


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