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

256   Subsections 27H(9) and (10)

Repeal the subsections, substitute:

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

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

(a) access to data under the warrant is no longer necessary for the purpose for which it was sought; 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warrant was sought for the purposes of an integrity operation - the integrity authority for the integrity operation is no longer in effect;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 law enforcement officer must (subject to subsection (10)) immediately inform the chief officer of the law enforcement agency to which the law enforcement officer belongs or is seconded.

(10) 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 the Part 5.3 supervisory 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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