Counter-Terrorism Legislation Amendment Act (No. 1) 2016 (82 of 2016)

Schedule 10   Surveillance devices

Surveillance Devices Act 2004

13   After paragraph 16(2)(ea)

Insert:

(eb) in the case of a control order warrant issued on the basis of a control order that is in force in relation to a person - the likely value of the information sought to be obtained, in:

(i) protecting the public from a terrorist act; or

(ii) preventing the provision of support for, or the facilitation of, a terrorist act; or

(iii) preventing the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country; or

(iv) determining whether the control order, or any succeeding control order, has been, or is being, complied with; and

(ec) in the case of a control order warrant issued on the basis of a control order that is in force in relation to a person - whether the use of the surveillance device in accordance with the warrant would be the means of obtaining the evidence or information sought to be obtained, that is likely to have the least interference with any person's privacy; and

(ed) in the case of a control order warrant issued on the basis of a control order that is in force in relation to a person - the possibility that the person:

(i) has engaged, is engaging, or will engage, in a terrorist act; or

(ii) has provided, is providing, or will provide, support for a terrorist act; or

(iii) has facilitated, is facilitating, or will facilitate, a terrorist act; or

(iv) has provided, is providing, or will provide, support for the engagement in a hostile activity in a foreign country; or

(v) has facilitated, is facilitating, or will facilitate, the engagement in a hostile activity in a foreign country; or

(vi) has contravened, is contravening, or will contravene, the control order; or

(vii) will contravene a succeeding control order; and