New South Wales Consolidated Acts

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 76AH

76AH Further application for digital evidence access order after refusal

(1) If an application by a person for a digital evidence access order is refused by an eligible issuing officer, the person or another person who is aware of the application may not make a further application for the same digital evidence access order unless the further application provides additional information that justifies the making of the further application.

(2) However, a further application may be made to a Magistrate following a refusal to issue a digital evidence access order by an eligible issuing officer who is not a Magistrate, whether or not additional information is provided in the further application.

(3) Subsection (2) does not apply to a digital evidence access order in connection with--

(a) a covert search warrant, or

(b) a criminal organisation search warrant.

(4) Only one further application may be made in a particular case.