Commonwealth Consolidated Acts

SURVEILLANCE DEVICES ACT 2004 - SECT 27KH

Scope

  (1)   This section applies if a data disruption warrant is issued.

Discontinuance of access and disruption

  (2)   If:

  (a)   the data disruption warrant has been sought by or on behalf of a law enforcement officer; and

  (b)   the chief officer of the law enforcement agency to which the law enforcement officer belongs or is seconded is satisfied that access to, and disruption of, data under the warrant is no longer required for the purposes referred to in paragraph   27KA(1)(c);

the chief officer must, in addition to revoking the warrant under section   27KG, take the steps necessary to ensure that access to, and disruption of, data authorised by the warrant is discontinued.

  (3)   If the chief officer of a law enforcement agency is notified that a warrant has been revoked by an eligible Judge or a nominated ART member under section   27KG, the chief officer must take the steps necessary to ensure that access to, and disruption of, data authorised by the warrant is discontinued as soon as practicable.

  (4)   If the law enforcement officer to whom the warrant is issued, or who is primarily responsible for executing the warrant, believes that access to, and disruption of, data under the warrant is no longer necessary for the purposes referred to in paragraph   27KA(1)(c), the law enforcement officer must immediately inform the chief officer of the law enforcement agency to which the law enforcement officer belongs or is seconded.