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

Schedule 10   Surveillance devices

Surveillance Devices Act 2004

2   At the end of section 4

Add:

(5) For the avoidance of doubt, it is intended that a warrant may be issued under this Act for the installation, use, maintenance or retrieval of a surveillance device in a case where a control order is in force, and the use of a surveillance device would be likely to substantially assist in:

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

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

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

(d) determining whether the control order, or any succeeding control order, has been, or is being, complied with.

(6) For the avoidance of doubt, it is intended that, if a control order is in force in relation to a person, a tracking device authorisation may be given under this Act for the use of a tracking device to obtain information relating to the person for any of the following purposes:

(a) protecting the public from a terrorist act;

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

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

(d) determining whether the control order, or any succeeding control order, has been, or is being, complied with.