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COMMONWEALTHAct
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s 30

Discontinuance of action before expiration of warrant

In force
Part IIIFunctions and powers of Organisation
Division 2Special powers
Subdivision HGeneral provisions relating to warrants and authorisations

30 Discontinuance of action before expiration of warrant

(1)

Subject to subsection (3), if the Director‑General is satisfied that the grounds on which a warrant under this Division was issued have ceased to exist, the Director‑General must, as soon as practicable:

(a)

inform the Attorney‑General of that fact; and

(b)

take such steps as are necessary to ensure that action under the warrant is discontinued.

(2)

For the purposes of paragraph (1)(b), action under a warrant:

(a)

if the warrant is issued under section 26R—includes the recovery of a tracking device or any enhancement equipment in relation to the device; or

(b)

otherwise:

(i)

includes action under an authorisation given under an identified person warrant; but

(ii)

does not include the recovery of a surveillance device or any enhancement equipment in relation to the device.

(3)

If:

(a)

a surveillance device warrant was issued in relation to more than one of the matters mentioned in paragraph 26(2)(a); and

(b)

the grounds on which the warrant was issued continue to exist for at least one of those matters;

subsection (1) applies only in relation to the matters for which the grounds have ceased to exist.

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Section 30 — Discontinuance of action before expiration of warrant — Australian Security Intelligence Organisation Act 1979 (Commonwealth) — Barrister AI