Victorian Current Acts Victorian Current Acts(1) A law enforcement officer to whom a warrant is issued, or who is primarily responsible for executing a warrant issued, under this Act must, within the time specified in the warrant, make a report in accordance with this section to the judge or magistrate who issued the warrant.
(2) In the case of a surveillance device warrant, the report must—
(a) state whether the warrant was executed; and
(b) if so—
(i) state the name of each person involved in the execution of the warrant; and
(ii) state the kind of surveillance device used; and
(iii) state the period during which the device was used; and
(iv) state the name, if known, of any person whose conversations or activities were overheard, recorded, monitored, listened to or observed by the use of the device; and
(v) state the name, if known, of any person whose geographical location was determined by the use of a tracking device; and
(vi) give details of any premises on which the device was installed or any place at which the device was used; and
(vii) give details of any object in or on which the device was installed or any premises where the object was located when the device was installed; and
(viii) give details of the benefit to the investigation of the use of the device and of the general use made or to be made of any evidence or information obtained by the use of the device; and
(ix) give details of the compliance with the conditions (if any) to which the warrant was subject; and
(c) if the warrant was extended or varied, state—
(i) the number of extensions or variations; and
(ii) the reasons for them; and
S. 30K(2)(d) substituted by No. 72/2011 s. 42(1).
(d) state whether the chief officer has revoked the warrant under section 20A(2) and, if so state—
(i) whether a Public Interest Monitor was notified of the revocation; and
(ii) the reasons why the device was no longer required.
(3) In the case of a retrieval warrant, the report must—
(a) give details of any premises entered, anything opened and any object removed and replaced under the warrant; and
(b) state whether the surveillance device was retrieved under the warrant; and
(c) if the device was not retrieved, state the reason why; and
(d) give details of the compliance with the conditions (if any) to which the warrant was subject; and
S. 30K(3)(e) substituted by No. 72/2011 s. 42(2).
(e) state whether the chief officer has revoked the warrant under section 20H(3) and, if so state—
(i) whether a Public Interest Monitor was notified of the revocation; and
(ii) the reasons for the revocation.
(4) On receiving a report, the judge or magistrate may order that any information obtained from or relating to the execution of the warrant or any record of that information be dealt with in the way specified in the order.
S. 30K(5) inserted by No. 72/2011 s. 42(3).
(5) The judge or magistrate who receives a report may ask a Public Interest Monitor to make submissions as to how the information or record referred to in subsection (4) should be dealt with.
S. 30K(6) inserted by No. 72/2011 s. 42(3).
(6) On receiving the request, the Public Interest Monitor is entitled to make submissions to the judge or magistrate in the presence of the judge or magistrate or by phone, fax, email or any other reasonable way.
S. 30L inserted by No. 26/2004 s. 13.