Document ID: chunk:federal_register_of_legislation:C2016A00082:clause:10_18
Version: federal_register_of_legislation:C2016A00082
Segment Type: clause
Provision Reference: sch 10 cl 18
Character Range: 135878–137394

18  After subsection 21(3B)
Insert:
 (3C) If:
 (a) the surveillance device warrant is a control order warrant issued on the basis of a control order that was in force in relation to a person; and
 (b) the chief officer of the law enforcement agency to which the law enforcement officer belongs or is seconded is satisfied that the use of a surveillance device under the warrant to obtain information relating to the person is no longer required for any of the following purposes:
 (i) protecting the public from a terrorist act;
 (ii) preventing the provision of support for, or the facilitation of, a terrorist act;
 (iii) preventing the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country;
 (iv) determining whether the control order, or any succeeding control order, has been, or is being, complied with;
the chief officer must, in addition to revoking the warrant under section 20, take the steps necessary to ensure that use of the surveillance device authorised by the warrant is discontinued as soon as practicable.
 (3D) If:
 (a) the surveillance device warrant is a control order warrant issued on the basis of a control order that was in force in relation to a person; and
 (b) no control order is in force in relation to the person;
the chief officer must, in addition to revoking the warrant under section 20, take the steps necessary to ensure that use of the surveillance device authorised by the warrant is discontinued as soon as practicable.