Surveillance Devices Act 2004

Within 6 months after a Part 5.3 warrant or a Part 9.10 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:

if the law enforcement agency is the Australian Crime Commission:

notify the Inspector‑General of Intelligence and Security that the warrant has been issued; and

give the Inspector‑General of Intelligence and Security a copy of the warrant; and

otherwise:

notify the Ombudsman that the warrant has been issued; and

give the Ombudsman a copy of the warrant.

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 or the Inspector‑General of Intelligence and Security (as the case requires) of the contravention:

a condition specified in the warrant;

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

subsection 20(2);

subsection 27G(2);

section 45;

subsection 46(1);

section 46A;

section 46B;

subsection 50A(4).

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

This section applies in relation to a tracking device authorisation given on the basis of a Part 5.3 supervisory order, or a community safety supervision 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.