Matters to be taken into account by authorised judge
13 Matters to be taken into account by authorised judge
The authorised judge may, in deciding whether a person is likely to use a dedicated encrypted criminal communication device to avoid law enforcement detection of criminal activity, take any matter into account the authorised judge considers relevant.
Without limiting subsection (1), the authorised judge may consider the following—
the potential risk to public safety presented by the eligible person,
whether the person associates with persons who are suspected to be involved in serious criminal activity,
criminal intelligence about the person’s suspected involvement in serious criminal activity or drug-related crime,
whether the person is a member of, or associates with, a criminal group within the meaning of the Crimes Act 1900, section 93S,
information from registered sources,
surveillance reports,
whether the person has cash or assets that are significantly out of proportion to the person’s income.
In this section—
serious criminal activity has the same meaning as in the Crimes (Criminal Organisations Control) Act 2012.
This Act’s bill:Explanatory memorandumSecond reading speech
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