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This is a Bill, not an Act. For current law, see the Acts databases.


LAW AND JUSTICE LEGISLATION AMENDMENT (VIDEO LINK EVIDENCE AND OTHER MEASURES) BILL 2005

2004-2005
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Law and Justice Legislation Amendment
(Video Link Evidence and Other
Measures) Bill 2005
No. , 2005
(Attorney-General)
A Bill for an Act to amend various Acts relating to
law and justice, and for related purposes
i Law and Justice Legislation Amendment (Video Link Evidence and Other Measures) Bill
2005 No. , 2005
Contents
1
Short title.......................................................................................1
2
Commencement .............................................................................1
3
Schedule(s)....................................................................................1
Schedule 1--Amendments
3
Crimes Act 1914
3
Financial Transaction Reports Act 1988
15
Foreign Evidence Act 1994
15
Proceeds of Crime Act 2002
17
Surveillance Devices Act 2004
18
Law and Justice Legislation Amendment (Video Link Evidence and Other Measures) Bill 2005
No. , 2005 1
A Bill for an Act to amend various Acts relating to
1
law and justice, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Law and Justice Legislation
5
Amendment (Video Link Evidence and Other Measures) Act 2005.
6
2 Commencement
7
This Act commences on the day after it receives the Royal Assent.
8
3 Schedule(s)
9
Each Act that is specified in a Schedule to this Act is amended or
10
repealed as set out in the applicable items in the Schedule
11
2 Law and Justice Legislation Amendment (Video Link Evidence and Other Measures) Bill
2005 No. , 2005
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
Amendments Schedule 1
Law and Justice Legislation Amendment (Video Link Evidence and Other Measures) Bill 2005
No. , 2005 3
1
Schedule 1--Amendments
2
3
Crimes Act 1914
4
1 Before paragraph 4AAA(1)(a)
5
Insert:
6
(aa) a Judge of the Federal Court of Australia;
7
(ab) a Federal Magistrate;
8
2 Subsection 4AAA(2)
9
After "in the case of a", insert "Judge of the Federal Court of Australia,
10
Federal Magistrate,".
11
3 After subsection 4AAA(3)
12
Insert:
13
Protection and immunity provided
14
(3A) A Judge of the Federal Court of Australia or a Federal Magistrate
15
performing a conferred function, or exercising a conferred power,
16
has the same protection and immunity as a Justice of the High
17
Court has in relation to proceedings in the High Court.
18
Note:
The heading to subsection 4AAA(4) is deleted.
19
4 After subsection 4AAA(6)
20
Insert:
21
Contrary intention
22
(6A) Despite subsection (1), a rule set out in this section does not apply
23
if the contrary intention appears.
24
5 After Part IAD
25
Insert:
26
Schedule 1 Amendments
4 Law and Justice Legislation Amendment (Video Link Evidence and Other Measures) Bill
2005 No. , 2005
Part IAE--Video link evidence in proceedings for
1
terrorism and related offences etc.
2
3
15YU Proceedings to which this Part applies
4
Criminal proceedings
5
(1) This Part applies to any proceedings for:
6
(a) an offence against subsection 34G(5) of the Australian
7
Security Intelligence Organisation Act 1979; or
8
(b) an offence against section 49 of the Aviation Transport
9
Security Act 2004; or
10
(c) an offence against section 21 of the Charter of the United
11
Nations Act 1945; or
12
(d) an offence against Division 72 of the Criminal Code; or
13
(e) an offence against Part 5.3 of the Criminal Code; or
14
(f) an offence against Part 5.4 of the Criminal Code; or
15
(g) an offence against section 24AA or 24AB of this Act; or
16
(h) an offence against Division 1 of Part 2 of the Crimes
17
(Aviation) Act 1991; or
18
(i) an offence against section 8 of the Crimes (Biological
19
Weapons) Act 1976; or
20
(j) an offence against the Crimes (Foreign Incursions and
21
Recruitment) Act 1978; or
22
(k) an offence against section 8 of the Crimes (Hostages) Act
23
1989; or
24
(l) an offence against the Crimes (Internationally Protected
25
Persons) Act 1976; or
26
(m) an offence against section 6 of this Act that relates to an
27
offence mentioned in any of the above paragraphs.
28
Note:
For other ancillary offences, see section 11.6 of the Criminal Code.
29
Other proceedings
30
(2) This Part also applies to:
31
(a) any proceedings, including committal proceedings or
32
proceedings of a similar kind, connected with proceedings
33
covered by subsection (1); and
34
Amendments Schedule 1
Law and Justice Legislation Amendment (Video Link Evidence and Other Measures) Bill 2005
No. , 2005 5
(b) proceedings under the Proceeds of Crime Act 2002 in
1
relation to an offence referred to in subsection (1).
2
Timing of proceedings
3
(3) It is immaterial whether proceedings covered by subsection (1) or
4
(2) were instituted before or after the commencement of this Part.
5
Extended meaning of prosecutor and defendant
6
(4) This Part has effect, in relation to a proceeding under the Proceeds
7
of Crime Act 2002, as if:
8
(a) the Director of Public Prosecutions were the prosecutor; and
9
(b) each other party to the proceeding were a defendant in the
10
proceeding.
11
15YV When court may take evidence by video link
12
Application by prosecutor
13
(1) In a proceeding, the court must:
14
(a) direct; or
15
(b) by order, allow;
16
a witness to give evidence by video link if:
17
(c) both:
18
(i) the prosecutor applies for the direction or order; and
19
(ii) the court is satisfied that the prosecutor gave the court
20
reasonable notice of his or her intention to make the
21
application; and
22
(d) the witness is not a defendant in the proceeding; and
23
(e) the witness is available, or will reasonably be available, to
24
give evidence by video link; and
25
(f) the facilities required by section 15YY are available or can
26
reasonably be made available;
27
unless the court is satisfied that giving the direction or making the
28
order would have a substantial adverse effect on the right of a
29
defendant in the proceeding to receive a fair hearing.
30
Application by defendant
31
(2) In a proceeding, the court must:
32
Schedule 1 Amendments
6 Law and Justice Legislation Amendment (Video Link Evidence and Other Measures) Bill
2005 No. , 2005
(a) direct; or
1
(b) by order, allow;
2
a witness to give evidence by video link if:
3
(c) both:
4
(i) a defendant in the proceeding applies for the direction
5
or order; and
6
(ii) the court is satisfied that the defendant gave the court
7
reasonable notice of his or her intention to make the
8
application; and
9
(d) the witness is not a defendant in the proceeding; and
10
(e) the witness is available, or will reasonably be available, to
11
give evidence by video link; and
12
(f) the facilities required by section 15YY are available or can
13
reasonably be made available;
14
unless the court is satisfied that it would be inconsistent with the
15
interests of justice for the evidence to be given by video link.
16
15YW Observers
17
Observer
18
(1) The court may, in a section 15YV direction or order, provide that
19
the witness can give evidence under the direction or order only if,
20
when the witness is giving evidence by video link, there is
21
physically present, at the place where the evidence is given, a
22
person specified in the direction or order for the purposes of this
23
section.
24
(2) If a section 15YV direction or order is in force, the court may vary
25
the direction or order so as to provide that, after the variation, the
26
witness can give evidence under the direction or order only if,
27
when the witness is giving evidence by video link, there is
28
physically present, at the place where the evidence is given, a
29
person specified in the direction or order for the purposes of this
30
section.
31
Substitution of observer
32
(3) If:
33
(a) a direction or order is in force under section 15YV; and
34
Amendments Schedule 1
Law and Justice Legislation Amendment (Video Link Evidence and Other Measures) Bill 2005
No. , 2005 7
(b) the direction or order specifies a person for the purposes of
1
this section;
2
the court may vary the direction or order so as to substitute another
3
specified person.
4
Who can be an observer
5
(4) A person specified for the purposes of this section may be:
6
(a) an Australian diplomatic officer; or
7
(b) an Australian consular officer; or
8
(c) any other person.
9
(5) The court must not specify a person for the purposes of this section
10
unless the court is satisfied that the person is:
11
(a) independent of the prosecutor; and
12
(b) independent of each defendant in the proceeding; and
13
(c) in a position to give a report to the court about what the
14
person observes in relation to the giving of evidence by the
15
witness; and
16
(d) reasonably available to observe the giving of evidence by the
17
witness; and
18
(e) an appropriate person to be specified for the purposes of this
19
section.
20
(6) For the purposes of this section, the mere fact that a person is an
21
Australian diplomatic officer or Australian consular officer does
22
not mean that the person is not independent of the prosecutor.
23
Report of observer
24
(7) If:
25
(a) a direction or order is in force under section 15YV; and
26
(b) the direction or order specifies a person for the purposes of
27
this section;
28
the court may:
29
(c) direct or allow the specified person to give the court a report,
30
in such form and by such time as the court requires, about
31
what the person observed in relation to the giving of evidence
32
by the witness; and
33
(d) make such use of the report as the court considers appropriate
34
for the purpose of deciding whether evidence given by the
35
Schedule 1 Amendments
8 Law and Justice Legislation Amendment (Video Link Evidence and Other Measures) Bill
2005 No. , 2005
witness under the section 15YV direction or order should be
1
admitted as evidence in the proceeding.
2
Definitions
3
(8) In this section:
4
Australian consular officer has the same meaning as in the
5
Consular Fees Act 1955.
6
Australian diplomatic officer has the same meaning as in the
7
Consular Fees Act 1955.
8
15YX Adjournment after a section 15YV direction or order etc.
9
Court gives a direction or makes an order
10
(1) If:
11
(a) a court gives a section 15YV direction or makes a
12
section 15YV order; and
13
(b) the prosecutor applied for the direction or order;
14
a defendant in the proceeding may apply to the court for an
15
adjournment of the proceeding to allow time for the defendant to:
16
(c) decide whether to appeal against the direction or order; and
17
(d) if the defendant decides to do so--make the appeal.
18
(2) If:
19
(a) a court gives a section 15YV direction or makes a
20
section 15YV order; and
21
(b) a defendant in the proceeding applied for the direction or
22
order;
23
the prosecutor may apply to the court for an adjournment of the
24
proceeding to allow time for the prosecutor to:
25
(c) decide whether to:
26
(i) appeal against the direction or order; or
27
(ii) withdraw the proceeding; and
28
(d) if the prosecutor decides to do so--make the appeal or
29
withdrawal.
30
Court refuses to give a direction or make an order
31
(3) If:
32
Amendments Schedule 1
Law and Justice Legislation Amendment (Video Link Evidence and Other Measures) Bill 2005
No. , 2005 9
(a) a court refuses to give a section 15YV direction or refuses to
1
make a section 15YV order; and
2
(b) the prosecutor applied for the direction or order;
3
the prosecutor may apply to the court for an adjournment of the
4
proceeding to allow time for the prosecutor to:
5
(c) decide whether to:
6
(i) appeal against the refusal; or
7
(ii) withdraw the proceeding; and
8
(d) if the prosecutor decides to do so--make the appeal or
9
withdrawal.
10
(4) If:
11
(a) a court refuses to give a section 15YV direction or refuses to
12
make a section 15YV order; and
13
(b) a defendant in the proceeding applied for the direction or
14
order;
15
the defendant may apply to the court for an adjournment of the
16
proceeding to allow time for the defendant to:
17
(c) decide whether to appeal against the refusal; and
18
(d) if the defendant decides to do so--make the appeal.
19
Grant of adjournment
20
(5) If an application is made under this section, the court must grant
21
the adjournment.
22
Note:
For appeals, see section 15YZD.
23
15YY Technical requirements for video link
24
(1) A witness can give evidence under a section 15YV direction or
25
order only if:
26
(a) the courtroom or other place where the court is sitting (the
27
courtroom point); and
28
(b) the place where the evidence is given (the witness point);
29
are equipped with video facilities that:
30
(c) enable appropriate persons at the courtroom point to see and
31
hear the witness give the evidence; and
32
(d) enable appropriate persons at the witness point to see and
33
hear appropriate persons at the courtroom point.
34
Schedule 1 Amendments
10 Law and Justice Legislation Amendment (Video Link Evidence and Other Measures)
Bill 2005 No. , 2005
(2) In subsection (1):
1
appropriate persons means such persons as the court considers
2
appropriate.
3
15YZ Direction to jury
4
(1) If:
5
(a) a proceeding involves a jury; and
6
(b) a witness gives evidence under a section 15YV direction or
7
order; and
8
(c) the evidence is admissible in the proceeding;
9
the judge must give the jury such direction as the judge thinks
10
necessary to ensure that the jury gives the same weight to the
11
evidence as if it had been given by the witness in the courtroom or
12
other place where the court is sitting.
13
(2) Disregard subsection (1) in determining:
14
(a) the directions (if any) that should be given by a judge in
15
proceedings to which this Part does not apply; and
16
(b) the weight that should be given to evidence given by video
17
link in proceedings to which this Part does not apply.
18
15YZA Application of laws about witnesses
19
(1) A person who gives evidence under a section 15YV direction or
20
order is taken to give it at the courtroom or other place where the
21
court is sitting.
22
(2) Subsection (1) has effect, for example, for the purposes of laws
23
relating to evidence, procedure, contempt of court and perjury.
24
15YZB Administration of oaths and affirmations
25
An oath or affirmation to be sworn or made by a witness who is to
26
give evidence under a section 15YV direction or order may be
27
administered either:
28
(a) by means of the video link, in as nearly as practicable the
29
same way as if the witness were to give the evidence at the
30
courtroom or other place where the court is sitting; or
31
(b) as follows:
32
(i) on behalf of the court and as directed by it;
33
Amendments Schedule 1
Law and Justice Legislation Amendment (Video Link Evidence and Other Measures) Bill 2005
No. , 2005 11
(ii) by a person (whether an Australian official or not)
1
authorised by the court;
2
(iii) at the place where the witness is to give the evidence.
3
15YZC Expenses
4
A court may make such orders as are just for payment of expenses
5
incurred in connection with giving evidence under a section 15YV
6
direction given, or a section 15YV order made, by the court.
7
15YZD Appeals against section 15YV directions or orders etc.
8
Court gives a direction or makes an order
9
(1) If:
10
(a) a court gives a section 15YV direction or makes a
11
section 15YV order; and
12
(b) the prosecutor applied for the direction or order;
13
a defendant in the proceeding may appeal against the direction or
14
order.
15
(2) If:
16
(a) a court gives a section 15YV direction or makes a
17
section 15YV order; and
18
(b) a defendant in the proceeding applied for the direction or
19
order;
20
the prosecutor may appeal against the direction or order.
21
Court refuses to give a direction or make an order
22
(3) If:
23
(a) a court refuses to give a section 15YV direction or refuses to
24
make a section 15YV order; and
25
(b) the prosecutor applied for the direction or order;
26
the prosecutor may appeal against the refusal.
27
(4) If:
28
(a) a court refuses to give a section 15YV direction or refuses to
29
make a section 15YV order; and
30
(b) a defendant in the proceeding applied for the direction or
31
order;
32
Schedule 1 Amendments
12 Law and Justice Legislation Amendment (Video Link Evidence and Other Measures)
Bill 2005 No. , 2005
the defendant may appeal against the refusal.
1
Jurisdiction
2
(5) A court that has jurisdiction to hear and determine appeals from a
3
judgment, order or direction in the proceeding has jurisdiction to
4
hear and determine any appeal under this section.
5
15YZE Other laws about evidence not affected
6
This Part does not prevent any other law about taking evidence of a
7
witness from applying for the purposes of a proceeding.
8
15YZF Saving of other laws
9
This Part is not intended to exclude or limit the operation of any
10
other law of the Commonwealth or any law of a State or Territory.
11
6 Subsection 23B(1) (definition of tape recording)
12
Repeal the definition, substitute:
13
tape recording means audio recording, video recording or
14
recording by other electronic means.
15
7 Application of amendment--subsection 23B(1) of the
16
Crimes Act 1914
17
The amendment of subsection 23B(1) of the Crimes Act 1914 made by
18
this Schedule applies to a recording made after the commencement of
19
this item.
20
8 Subsection 23YDAF(1) (cell at table item 1, column 4)
21
Repeal the cell, substitute:
22
only if
within
purpose
9 Subsection 23YDAF(1) (cell at table item 2, column 4)
23
Repeal the cell, substitute:
24
only if
within
purpose
Amendments Schedule 1
Law and Justice Legislation Amendment (Video Link Evidence and Other Measures) Bill 2005
No. , 2005 13
10 Subsection 23YDAF(1) (cell at table item 3, column 3)
1
Repeal the cell, substitute:
2
only if
within
purpose
11 Subsection 23YDAF(1) (cell at table item 3, column 4)
3
Repeal the cell, substitute:
4
only if
within
purpose
12 Subsection 23YDAF(1) (cell at table item 3, column 5)
5
Repeal the cell, substitute:
6
only if
within
purpose
13 Subsection 23YDAF(1) (cell at table item 4, column 4)
7
Repeal the cell, substitute:
8
only if
within
purpose
14 Subsection 23YDAF(1) (cell at table item 5, column 4)
9
Repeal the cell, substitute:
10
only if
within
purpose
15 Subsection 23YDAF(1) (cell at table item 6, column 4)
11
Repeal the cell, substitute:
12
only if
within
purpose
16 Subsection 23YDAF(1) (cell at table item 7, column 4)
13
Repeal the cell, substitute:
14
Schedule 1 Amendments
14 Law and Justice Legislation Amendment (Video Link Evidence and Other Measures)
Bill 2005 No. , 2005
only if
within
purpose
17 Subsection 23YUD(1)
1
Repeal the subsection, substitute:
2
(1) The Minister may, on behalf of the Commonwealth, enter into
3
arrangements with a responsible Minister of a participating
4
jurisdiction under which:
5
(a) information from the DNA database system of the
6
Commonwealth is to be transmitted to the appropriate
7
authority in the participating jurisdiction; and
8
(b) information from a DNA database system of the participating
9
jurisdiction is to be transmitted to the Commissioner.
10
These arrangements may deal with keeping, and otherwise
11
managing, such information.
12
18 After subsection 23YUD(1A)
13
Insert:
14
(1B) Information that is transmitted under this section must not be used
15
except for the purpose of:
16
(a) the investigation of a matter relating to the participating
17
jurisdiction, or proceedings in respect of that matter; or
18
(b) the investigation of a matter relating to the Commonwealth,
19
or proceedings in respect of that matter.
20
19 Transitional--arrangements under subsection 23YUD(1) of
21
the Crimes Act 1914
22
(1)
This item applies to an arrangement if:
23
(a) the arrangement was entered into under subsection
24
23YUD(1) of the Crimes Act 1914; and
25
(b) the arrangement was in force immediately before the
26
commencement of this item.
27
(2)
The arrangement has effect, after the commencement of this item, as if
28
it had been entered into under subsection 23YUD(1) of the Crimes Act
29
1914 as amended by this Schedule.
30
Amendments Schedule 1
Law and Justice Legislation Amendment (Video Link Evidence and Other Measures) Bill 2005
No. , 2005 15
Financial Transaction Reports Act 1988
1
20 At the end of subparagraph 16(1)(b)(i)
2
Add "or".
3
21 At the end of paragraph 16(1)(b)
4
Add:
5
; or (iv) may be of assistance in the enforcement of the Proceeds of
6
Crime Act 2002 or the regulations made under that Act;
7
Foreign Evidence Act 1994
8
22 Subsection 3(1)
9
Insert:
10
designated offence means:
11
(a) an offence against subsection 34G(5) of the Australian
12
Security Intelligence Organisation Act 1979; or
13
(b) an offence against section 49 of the Aviation Transport
14
Security Act 2004; or
15
(c) an offence against section 21 of the Charter of the United
16
Nations Act 1945; or
17
(d) an offence against Division 72 of the Criminal Code; or
18
(e) an offence against Part 5.3 of the Criminal Code; or
19
(f) an offence against Part 5.4 of the Criminal Code; or
20
(g) an offence against section 24AA or 24AB of the Crimes Act
21
1914; or
22
(h) an offence against Division 1 of Part 2 of the Crimes
23
(Aviation) Act 1991; or
24
(i) an offence against section 8 of the Crimes (Biological
25
Weapons) Act 1976; or
26
(j) an offence against the Crimes (Foreign Incursions and
27
Recruitment) Act 1978; or
28
(k) an offence against section 8 of the Crimes (Hostages) Act
29
1989; or
30
(l) an offence against the Crimes (Internationally Protected
31
Persons) Act 1976; or
32
Schedule 1 Amendments
16 Law and Justice Legislation Amendment (Video Link Evidence and Other Measures)
Bill 2005 No. , 2005
(m) an offence against section 6 of the Crimes Act 1914 that
1
relates to an offence mentioned in any of the above
2
paragraphs.
3
Note:
For other ancillary offences, see section 11.6 of the Criminal Code.
4
23 At the end of subsection 20(1)
5
Add:
6
; or (c) a proceeding under the Proceeds of Crime Act 2002 in
7
relation to a designated offence.
8
24 At the end of subsection 25(1)
9
Add:
10
Note:
See also subsection 25A(1) (proceedings for designated offences).
11
Note:
The heading to section 25 is altered by adding at the end "--general".
12
25 After section 25
13
Insert:
14
25A Discretion to prevent foreign material being adduced--
15
proceedings for designated offences
16
(1) If a proceeding is:
17
(a) a criminal proceeding for a designated offence; or
18
(b) a proceeding under the Proceeds of Crime Act 2002 in
19
relation to a designated offence;
20
and the prosecutor seeks to adduce foreign material as evidence in
21
the proceeding, then:
22
(c) the court must not give a direction under subsection 25(1) in
23
relation to the foreign material; and
24
(d) the court may direct that the foreign material not be adduced
25
as evidence in the proceeding if the court is satisfied that
26
adducing the foreign material would have a substantial
27
adverse effect on the right of a defendant in the proceeding to
28
receive a fair hearing.
29
Extended meaning of prosecutor and defendant
30
(2) This section has effect, in relation to a proceeding under the
31
Proceeds of Crime Act 2002, as if:
32
Amendments Schedule 1
Law and Justice Legislation Amendment (Video Link Evidence and Other Measures) Bill 2005
No. , 2005 17
(a) the Director of Public Prosecutions were the prosecutor; and
1
(b) each other party to the proceeding were a defendant in the
2
proceeding.
3
Timing of proceedings
4
(3) It is immaterial whether proceedings covered by subsection (1)
5
were instituted before or after the commencement of this section.
6
Proceeds of Crime Act 2002
7
26 At the end of section 6
8
Add:
9
Note:
See also Part IAE of the Crimes Act 1914 (video link evidence).
10
27 After paragraph 297(1)(g)
11
Insert:
12
(ga) making any payments in relation to the conduct of an
13
*
examination, so long as the payments have been approved
14
by the
*
DPP;
15
28 Transitional--validation of certain examinations etc.
16
(1)
This item applies to each of the following:
17
(a) a purported examination conducted under the Proceeds of
18
Crime Act 2002 during the interim period by a designated
19
AAT member in the purported capacity of approved
20
examiner;
21
(b) the purported giving of a notice or direction under Part 3-1 of
22
that Act during the interim period by a designated AAT
23
member in the purported capacity of approved examiner;
24
(c) the purported doing of any other act or thing under Part 3-1
25
of that Act during the interim period by a designated AAT
26
member in the purported capacity of approved examiner.
27
(2)
The examination, notice, direction, act or thing is as valid, and is taken
28
always to have been as valid, as it would have been if the designated
29
AAT member had been an eligible legal practitioner during the interim
30
period.
31
Schedule 1 Amendments
18 Law and Justice Legislation Amendment (Video Link Evidence and Other Measures)
Bill 2005 No. , 2005
(3)
The designated AAT member has, and is taken always to have had, the
1
same protection and immunity under section 194 of the Proceeds of
2
Crime Act 2002 that the member would have, or would have had, if the
3
member had been an eligible legal practitioner during the interim
4
period.
5
(4)
In this item:
6
designated AAT member means a non-presidential member of the
7
Administrative Appeals Tribunal who is not an eligible legal
8
practitioner.
9
eligible legal practitioner means person who is enrolled as a legal
10
practitioner of:
11
(a) the High Court; or
12
(b) another federal court; or
13
(c) the Supreme Court of a State or Territory;
14
and has been so enrolled for at least 5 years.
15
interim period means the period:
16
(a) beginning at the start of 7 September 2004; and
17
(b) ending at the end of 19 August 2005.
18
Surveillance Devices Act 2004
19
29 Subsection 22(1)
20
Omit all the words after "in respect of", substitute:
21
a surveillance device that:
22
(a) was lawfully installed on premises, or in or on an object,
23
under:
24
(i) a surveillance device warrant; or
25
(ii) a tracking device authorisation; and
26
(b) the law enforcement officer suspects on reasonable grounds
27
is still on those premises or in or on that object, or on other
28
premises or in or on another object.
29
30 At the end of subsection 39(8)
30
Add:
31
Note:
Section 22 deals with applications for a retrieval warrant in respect of
32
a tracking device that was lawfully installed under a tracking device
33
authorisation.
34

 


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