Northern Territory Numbered Acts

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SURVEILLANCE DEVICES ACT 2007 (NO 19 OF 2007) - SECT 32

Revocation of retrieval warrant

    (1)     A retrieval warrant may be revoked at any time before the expiration of the period of validity stated in it by:

    (a)     a Judge if a Judge issued the warrant; or

    (b)     a magistrate if a magistrate issued the warrant.

    (2)     A Judge or magistrate may revoke a retrieval warrant:

    (a)     after receiving a report under section 58 in relation to the warrant; or

    (b)     on application by or on behalf of a law enforcement officer.

    (3)     An application for the revocation of a warrant must not be heard in open court.

    (4)     A Judge or magistrate who revokes a warrant must give notice of the revocation to the chief officer of the relevant law enforcement agency.

    (5)     If the Judge or magistrate revokes the warrant on the application of a law enforcement officer, the Judge or magistrate is taken to have given notice of the revocation to the chief officer under subsection (4) when the Judge or magistrate revokes the warrant.

    (6)     If the chief officer of a law enforcement agency is satisfied the grounds for issue of a retrieval warrant to a law enforcement officer of the agency no longer exist, the chief officer must ensure an application is made to revoke the warrant.

    (7)     If the law enforcement officer to whom a retrieval warrant has been issued, or who is primarily responsible for executing a retrieval warrant, reasonably believes the grounds for issue of the warrant no longer exist, the officer must tell the chief officer of the law enforcement agency as soon as practicable.



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