New South Wales Consolidated Acts

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SURVEILLANCE DEVICES ACT 2007 - SECT 30

Revocation of retrieval warrant

30 Revocation of retrieval warrant

(1) A retrieval warrant may be revoked at any time before the expiration of the period of validity specified in it by--
(a) an eligible Judge, if an eligible Judge issued the warrant, or
(b) an eligible Magistrate, if an eligible Magistrate issued the warrant.
(2) An eligible Judge or eligible Magistrate may revoke a retrieval warrant on application by or on behalf of a law enforcement officer.
(3) An eligible Judge or eligible Magistrate who revokes a warrant must give notice of the revocation to the chief officer of the law enforcement agency of which the law enforcement officer to whom the warrant was issued is a member.
(4) If the eligible Judge or eligible Magistrate revokes the warrant on the application of a law enforcement officer, the Judge or Magistrate is taken to have notified the chief officer under subsection (3) when the Judge or Magistrate revokes the warrant.
(5) If the chief officer of a law enforcement agency is satisfied that the grounds for issue of a retrieval warrant to a law enforcement officer of the agency no longer exist, the chief officer must cause an application to be made for the revocation of the warrant under this section.
(6) If the law enforcement officer to whom a retrieval warrant has been issued, or who is primarily responsible for executing a retrieval warrant, believes that the grounds for issue of the warrant no longer exist, he or she must inform the chief officer of the law enforcement agency immediately.



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