Australian Capital Territory Current Acts

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CRIMES (SURVEILLANCE DEVICES) ACT 2010 - SECT 24

Revocation of retrieval warrant

    (1)     A retrieval warrant may be revoked at any time before the end 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 on application by or on behalf of a law enforcement officer.

    (3)     A judge or 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 judge or 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 ensure an application is 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, the officer must tell the chief officer of the law enforcement agency immediately.



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