What a retrieval warrant authorises
23 What a retrieval warrant authorises
A retrieval warrant authorises the following:
the retrieval of the surveillance device stated in the warrant and any enhancement equipment in relation to the device;
the entry, by force if necessary, onto the premises where the surveillance device is believed on reasonable grounds to be, or other premises adjoining or providing access to those premises, for the purpose of retrieving the device and equipment;
the breaking open of any thing for the purpose of retrieving the device and equipment;
if the device or equipment is installed on or in an object, the temporary removal of the object from any premises where it is located for the purpose of retrieving the device and equipment and the return of the object to those premises;
the provision of assistance or technical expertise to the law enforcement officer primarily responsible for executing the warrant in the retrieval of the device or equipment.
If the retrieval warrant authorises the retrieval of a tracking device, the warrant also authorises the use of the tracking device and any enhancement equipment in relation to the device solely for the purposes of the location and retrieval of the device or equipment.
A retrieval warrant may authorise the doing of anything reasonably necessary to conceal the fact that anything has been done in relation to the retrieval of a surveillance device or enhancement equipment under the warrant.
This section applies to a retrieval warrant subject to any conditions stated in the warrant.
This Act’s bill:Explanatory statementSecond reading speech
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