Commonwealth Consolidated Acts

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SURVEILLANCE DEVICES ACT 2004 - SECT 27KS

Discontinuance of access under warrant

Scope

  (1)   This section applies if a network activity warrant is issued.

Discontinuance of access

  (2)   If:

  (a)   the warrant was sought by the chief officer of the Australian Federal Police or the Australian Crime Commission; and

  (b)   the chief officer is satisfied that access to data under the warrant is no longer required for the purpose referred to in paragraph   27KK(1)(b);

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

  (3)   If:

  (a)   the warrant was sought by the chief officer of the Australian Federal Police or the Australian Crime Commission; and

  (b)   the chief officer is notified that the warrant has been revoked by an eligible Judge or a nominated ART member under section   27KR;

the chief officer must take the steps necessary to ensure that access to data authorised by the warrant is discontinued as soon as practicable.

  (4)   If the law enforcement officer who is primarily responsible for executing the warrant believes that access to data under the warrant is no longer necessary for the purpose referred to in paragraph   27KK(1)(b), 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.



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