Commonwealth Consolidated Acts

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SURVEILLANCE DEVICES ACT 2004 - SECT 27KF

Extension and variation of data disruption warrant

  (1)   A law enforcement officer to whom a data disruption warrant has been issued (or another person on the law enforcement officer's behalf) may apply, at any time before the expiry of the warrant:

  (a)   for an extension of the warrant for a period of no more than 90 days after the day the warrant would otherwise expire; or

  (b)   for a variation of any of the other terms of the warrant.

  (2)   The application is to be made to an eligible Judge or to a nominated ART member and must be accompanied by the original warrant.

  (3)   Sections   27KA and 27KB apply, with any necessary changes, to an application under this section as if it were an application for the warrant.

  (4)   The eligible Judge or nominated ART member may grant an application if satisfied that the matters referred to in subsection   27KC(1) still exist, having regard to the matters in subsection   27KC(2).

  (5)   If the eligible Judge or nominated ART member grants the application, the eligible Judge or nominated ART member must endorse the new expiry date or the other varied term on the original warrant.

  (6)   An application may be made under this section more than once.



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