What a retrieval warrant authorises
340 What a retrieval warrant authorises
A retrieval warrant, subject to any conditions stated in it, authorises—
the retrieval of the surveillance device stated in the warrant and any enhancement equipment in relation to the device or, if the warrant relates to the retrieval of enhancement equipment only, the enhancement equipment; and
the entry onto premises where the surveillance device is reasonably believed to be, or other premises adjoining or providing access to those premises, for the purpose of retrieving the device and equipment; and
the breaking open of any thing for the purpose of the retrieval of the device and equipment; and
if the device or equipment is installed on or in a vehicle or object, the temporary removal of the vehicle or object from any place where it is situated for the purpose of the retrieval of the device and equipment and the return of the vehicle or object to that place.
Also, the warrant authorises the use of the surveillance device and any related enhancement equipment solely for the purpose of the retrieval of the device and any enhancement equipment.
However, if the warrant authorises the use of the surveillance device in another jurisdiction, subsection (2) applies subject to the corresponding law of the jurisdiction.
A retrieval warrant may authorise the doing of anything reasonably necessary to conceal the fact that anything has been done in relation to the retrieval of a surveillance device or enhancement equipment under the warrant.
This Act’s bill:Explanatory memorandum
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