Further application for digital evidence access order after refusal
76AH Further application for digital evidence access order after refusal
If an application by a person for a digital evidence access order is refused by an eligible issuing officer, the person or another person who is aware of the application may not make a further application for the same digital evidence access order unless the further application provides additional information that justifies the making of the further application.
However, a further application may be made to a Judge of the Local Court following a refusal to issue a digital evidence access order by an eligible issuing officer who is not a Judge of the Local Court, whether or not additional information is provided in the further application.
Subsection (2) does not apply to a digital evidence access order in connection with—
a covert search warrant, or
a criminal organisation search warrant.
Only one further application may be made in a particular case.
This Act’s bill:Explanatory memorandumSecond reading speech
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