Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021 (131 of 2021)

Schedule 1   Extended supervision orders

Part 2   Main consequential amendments

Surveillance Devices Act 2004

290   Section 49A

Repeal the section, substitute:

49A Notification to Ombudsman in relation to Part 5.3 warrants

(1) Within 6 months after a Part 5.3 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 the Ombudsman a copy of the warrant.

(2) As soon as practicable after the law enforcement agency, or a law enforcement officer of the 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 the warrant;

(b) any of the following provisions, to the extent that they relate to the warrant:

(i) subsection 20(2);

(ii) subsection 27G(2);

(iii) section 45;

(iv) subsection 46(1);

(c) section 46A;

(d) subsection 50A(4).

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

(4) This section applies in relation to a tracking device authorisation given on the basis of a Part 5.3 supervisory order that is or was in force in the same way as this section applies in relation to a surveillance device warrant or computer access warrant.