Document ID: chunk:federal_register_of_legislation:C2021A00131:clause:1_212
Version: federal_register_of_legislation:C2021A00131
Segment Type: clause
Provision Reference: sch 1 cl 212
Character Range: 143083–144397

212  Subsections 4(5) to (6)
Repeal the subsections, substitute:
 (5) To avoid doubt, it is intended that a warrant may be issued under this Act for the installation, use, maintenance or retrieval of a surveillance device, or for access to data held in a computer, if:
 (a) consideration is being given, will be given, or is likely to be given, as to whether to apply for a post‑sentence order, and the use of the device or the access to the data would be likely to assist in determining whether to apply for the order; or
 (b) a Part 5.3 supervisory order is in force, and the use of the device or the access to the data would be likely to substantially assist in:
 (i) achieving a Part 5.3 object; or
 (ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with.
 (6) To avoid doubt, a tracking device authorisation may be given under this Act for the use of a tracking device to obtain information relating to a person if:
 (a) a Part 5.3 supervisory order is in force in relation to the person; and
 (b) the use is for either of the following purposes:
 (i) achieving a Part 5.3 object;
 (ii) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with.