Surveillance Devices Act 2007

(1) A retrieval warrant may be revoked at any time before the expiration of the period of validity stated in it by:

(a) a

Supreme Court Judge if a Supreme Court Judge issued the warrant; or

(b) a

Local Court Judge if a Local Court Judge issued the warrant.

(2) A

Judge may revoke a retrieval warrant:

(a) after receiving a report under section 58 in relation to the warrant;

or

(b) on application by or on behalf of:

(i) for a warrant issued to a law enforcement officer – a law enforcement officer; or

(ii) for a warrant issued to an ICAC officer – an ICAC officer.

(3) An application for the revocation of a warrant must not be heard in open court.

(4) A

Judge who revokes a warrant must give notice of the revocation:

(a) for a warrant issued to a law enforcement officer – to the chief officer of the relevant law enforcement agency; or

(b) for a warrant issued to an ICAC officer – to the ICAC.

(5) If the Judge revokes the warrant on the application of a law enforcement officer or an ICAC officer, the Judge is taken to have given notice of the revocation to the chief officer or the ICAC under subsection (4) when the Judge revokes the warrant.

(6) If the chief officer of a law enforcement agency is satisfied the grounds for issue of a retrieval warrant to a law enforcement officer of the agency no longer exist, the chief officer must ensure an application is made to revoke the warrant.

(7) If the law enforcement officer to whom a retrieval warrant has been issued, or who is primarily responsible for executing a retrieval warrant, reasonably believes the grounds for issue of the warrant no longer exist, the officer must tell the chief officer of the law enforcement agency as soon as practicable.

(8) If the ICAC is satisfied the grounds for issue of a retrieval warrant to an ICAC officer no longer exist, the ICAC must ensure an application is made to revoke the warrant.

(9) If the ICAC officer to whom a retrieval warrant has been issued, or who is primarily responsible for executing a retrieval warrant, reasonably believes the grounds for issue of the warrant no longer exist, the officer must tell the ICAC as soon as practicable.