New South Wales Consolidated Acts

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 80J

80J Decisions about applications for DECCD access orders

(1) The Magistrate must--

(a) consider the application for the DECCD access order, and

(b) decide whether or not to grant the application and issue a DECCD access order.

(2) The Magistrate may grant an application for a DECCD access order only if the Magistrate is satisfied--

(a) there are reasonable grounds for suspecting the person specified in the application is--

(i) in possession of a device suspected of being a dedicated encrypted criminal communication device, and

(ii) committing a DECCD offence, and

(b) the making of the DECCD access order will assist law enforcement in determining whether the device is a dedicated encrypted criminal communication device.

(3) If the Magistrate grants the application, the Magistrate must issue a DECCD access order to the applicant.