Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 52

Judge or nominated AAT member may revoke warrant where section 51 contravened

  (1)   Where a Judge or nominated AAT member who issued a warrant on a telephone application is satisfied that section   51 has not been complied with in relation to the warrant, he or she may, by writing signed by him or her, revoke the warrant and shall, if he or she does so:

  (a)   immediately inform:

  (i)   the person who made the application on the agency's behalf; or

  (ii)   the chief officer of the agency;

    of the revocation; and

  (b)   give the instrument of revocation to that person, or to the chief officer, as soon as practicable.

  (2)   Where a warrant issued to an agency is revoked under subsection   (1), the chief officer of the agency must, as soon as practicable, give a copy of the instrument of revocation to the Secretary of the Department.

  (3)   If:

  (a)   a warrant has been issued to an agency; and

  (b)   another agency or the Organisation is exercising authority under that warrant (see section   55); and

  (c)   the warrant is revoked under subsection   (1);

the chief officer of the agency to which the warrant was issued must:

  (d)   immediately inform the chief officer of the other agency or the Director - General of Security (as the case requires) of the revocation; and

  (e)   give a copy of the instrument of revocation to the person referred to in paragraph   (d) as soon as practicable.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback