Extension and variation of warrant
24 Extension and variation of warrant
(1) A law enforcement officer or an ICAC officer to whom a surveillance device warrant has been issued (or another person on the officer's behalf) may, at any time before the expiry of the warrant, apply:
(a) for an extension of the warrant for a period not exceeding 90 days from the day on which it would otherwise expire; or
(b) for a variation of any of the other terms of the warrant.
(2) The application must be made to:
(a) a
Supreme Court Judge if the warrant was issued by a Supreme Court
Judge; or
(b) a
Local Court Judge if the warrant was issued by a magistrate.
(3) Sections
19 and 20 apply (with the necessary changes) to the application as if it were an application for the warrant.
(4) The
Judge may grant the application, subject to the conditions the Judge considers appropriate, if satisfied the matters mentioned in section 21(1) still exist having regard to the matters mentioned in section 21(2) or (3).
(5) If the Judge grants the application, the Judge must endorse the new expiry date or the other varied term on the original warrant.
(6) An application may be made under this section more than once.
This Act’s bill:Explanatory statementSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.