Statutory investigative powers under Chapter 7 of the POEO Act, including the power to conduct drone surveillance, may be exercised after the commencement of criminal proceedings and do not constitute contempt of court where the sole purpose is obtaining evidence and no testimonial compulsion is involved. A high degree of appellate restraint applies to interlocutory decisions on amendment of summonses under s 5F of the Criminal Appeal Act 1912 (NSW), and factual errors by a primary judge will not normally satisfy the requirement for the grant of leave.
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