Document ID: chunk:federal_register_of_legislation:C2021A00131:clause:1_222
Version: federal_register_of_legislation:C2021A00131
Segment Type: clause
Provision Reference: sch 1 cl 222
Character Range: 149493–150452

222  After subsection 14(3B)
Insert:

Warrants sought for post‑sentence order applications
 (3BA) A law enforcement officer (or another person on the officer's behalf) may apply for the issue of a surveillance device warrant if:
 (a) a person is a terrorist offender in relation to whom an application for a post‑sentence order could be made; and
 (b) the person is detained in custody in a prison; and
 (c) the officer suspects on reasonable grounds that there is an appreciable risk of the person committing a serious Part 5.3 offence; and
 (d) consideration is being given, will be given, or is likely to be given, by the AFP Minister (or a person on behalf of the AFP Minister), as to whether to apply for a post‑sentence order in relation to the person; and
 (e) the officer suspects on reasonable grounds that the use of a surveillance device to obtain information would be likely to assist in determining whether to apply for the post‑sentence order.