Document ID: chunk:federal_register_of_legislation:C2025C00037:section:39:p2
Version: federal_register_of_legislation:C2025C00037
Segment Type: section
Provision Reference: s 39 (pt 2/2)
Character Range: 248252–250548

A tracking device authorisation given under subsection (1), (3), (3A), (3B) or (3C) and an authorisation for the retrieval of a tracking device given under subsection (6) must indicate the period, not exceeding 90 days, for which the authorisation remains in force.
 (8) An appropriate authorising officer must not give permission under this section for the use, installation or retrieval of a tracking device if the installation of the device, or its retrieval, involves entry onto premises without permission or an interference with the interior of a vehicle without permission.
Note: Section 22 deals with applications for a retrieval warrant in respect of a tracking device that was lawfully installed under a tracking device authorisation.
 (9) For the purposes of obtaining the permission of an appropriate authorising officer, the law enforcement officer wishing to use that device:
 (a) must apply, orally or in writing, to the appropriate authorising officer; and
 (b) must address, in that application, the matters that would be required to be addressed if the law enforcement officer were making an application for a surveillance device warrant or a retrieval warrant, as the case requires.
 (10) Subsection 18(1), subparagraphs 18(2)(a)(i), 18(2)(b)(i) and 18(2)(c)(i), paragraphs 18(3)(a), (b) and (g) and subsections 18(4), (6) and (7) apply in relation to a tracking device authorisation authorising the use of a tracking device as if:
 (a) references in those provisions to a surveillance device warrant were references to a tracking device authorisation authorising the use of a tracking device; and
 (b) references in those provisions to a surveillance device were references to a tracking device.
 (11) Paragraphs 26(1)(a), (c), (d) and (e) and subsections 26(2) and (3) apply in relation to a tracking device authorisation authorising the retrieval of a tracking device as if:
 (a) references in those provisions to a retrieval warrant were references to a tracking device authorisation authorising the retrieval of a tracking device; and
 (b) references in those provisions to a surveillance device were references to a tracking device.
 (12) A law enforcement officer may use a tracking device authorisation only if he or she is acting in the performance of his or her duty.