National Anti-Corruption Commission (Consequential and Transitional Provisions) Act 2022 (89 of 2022)

Schedule 1   Amendments

Part 2   Consequential amendments

Surveillance Devices Act 2004

197A   Section 11

Repeal the section, substitute:

11 Who may issue etc. warrants?

(1) Any warrant under this Part may be issued by:

(a) in relation to an application for a warrant by a law enforcement officer of the National Anti-Corruption Commission - an eligible Judge; or

(b) otherwise - an eligible Judge or a nominated AAT member.

Warrants issued to law enforcement officers of the NACC

(2) An application made under this Part by a law enforcement officer of the National Anti-Corruption Commission may be made only to an eligible Judge.

Note: An application under this Part may be for a warrant, or to extend or vary a warrant.

(3) A warrant issued under this Part to a law enforcement officer of the National Anti-Corruption Commission may be revoked only by an eligible Judge.

Note: Warrants may be revoked under this Part by an eligible Judge or nominated AAT member on their own initiative. As a result of this subsection, warrants issued to law enforcement officers of the National Anti-Corruption Commission may be revoked only by an eligible Judge.