Commonwealth Consolidated Acts

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SURVEILLANCE DEVICES ACT 2004 - SECT 26

What a retrieval warrant authorises

  (1)   A retrieval warrant (subject to any conditions specified in it) authorises:

  (a)   the retrieval of the surveillance device specified in the warrant and any enhancement equipment in relation to the device; and

  (b)   the entry, by force if necessary, onto the premises where the surveillance device is reasonably believed to be, and onto other premises adjoining or providing access to those premises, for the purpose of retrieving the device and equipment; and

  (c)   the breaking open of any thing for the purpose of retrieving the device and equipment; and

  (d)   if the device or equipment is installed on or in an object or vehicle--the temporary removal of the object or vehicle from any place where it is situated for the purpose of retrieving the device and equipment and returning the object or vehicle to that place; and

  (e)   the provision of assistance or technical expertise to the law enforcement officer named in the warrant in the retrieval of the device or equipment.

  (2)   If the retrieval warrant authorises the retrieval of a tracking device, the warrant also authorises the use of the tracking device and any enhancement equipment in relation to the device solely for the purposes of the location and retrieval of the device or equipment.

  (3)   A retrieval warrant may authorise the doing of anything reasonably necessary to conceal the fact that anything has been done in relation to the retrieval of a surveillance device or enhancement equipment under the warrant but cannot authorise the use, for any purpose, of the surveillance device specified in the warrant.



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