Victorian Current Acts

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SURVEILLANCE DEVICES ACT 1999 - SECT 22

Assistance order

    (1)     On an application under section 21, the court may make an assistance order if satisfied that there are reasonable grounds for doing so.

    (2)     In determining whether or not to make an assistance order the court must take into account—

        (a)     the cost or difficulty of complying with the order; and

S. 22(2)(b) amended by No. 72/2011 s. 39(1).

        (b)     the nature and gravity of the alleged offence in respect of which the relevant warrant is or was sought; and

S. 22(2)(c) inserted by No. 72/2011 s. 39(2).

        (c)     any submissions made by a Public Interest Monitor.

    (3)     The court may make an assistance order subject to any conditions it thinks fit.

    (4)     An assistance order

        (a)     must be endorsed on the relevant warrant; and

        (b)     must specify—

              (i)     the person against whom it is made; and

              (ii)     the kind of assistance that the person must give; and

              (iii)     the manner in which the assistance must be given; and

              (iv)     any conditions subject to which it is made.

    (5)     An assistance order has effect only during the period in which the relevant warrant is in force.



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