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

Schedule 10   Surveillance devices

Surveillance Devices Act 2004

35   After section 49

Insert:

49A Notification to Ombudsman in relation to control order warrants etc.

(1) Within 6 months after a control order warrant is issued in response to an application by a law enforcement officer of a law enforcement agency, the chief officer of the agency must:

(a) notify the Ombudsman that the warrant has been issued; and

(b) give to the Ombudsman a copy of the warrant.

(2) As soon as practicable after a law enforcement agency, or a law enforcement officer of a law enforcement agency, contravenes any of the following conditions or provisions, the chief officer of the agency must notify the Ombudsman of the contravention:

(a) a condition specified in a control order warrant;

(b) subsection 20(2), to the extent it applies to a control order warrant;

(c) section 45 or subsection 46(1), to the extent it applies to protected information obtained from the use of a surveillance device under a control order warrant;

(d) section 46A;

(e) subsection 50A(4).

(3) A failure to comply with subsection (1) or (2) does not affect the validity of a control order warrant.

(4) This section applies in relation to a tracking device authorisation given on the basis of a control order in the same way as this section applies in relation to a control order warrant.