Extension and variation of surveillance device warrant
14 Extension and variation of surveillance device warrant
A law enforcement officer to whom a surveillance device warrant has been issued (or another person on his or her behalf) may apply, at any time before the expiry of the warrant – for an extension of the warrant for a period not exceeding 90 days from the day on which it would otherwise expire; or for a variation of any of the other terms of the warrant.
The application is to be made to – the Supreme Court, if the warrant was issued by a judge or the extension or variation of the terms of the warrant was to authorise the investigation into a relevant offence that is being, will be or is likely to be conducted wholly or partly in a participating jurisdiction; or a magistrate, if the warrant was issued by a magistrate.
Sections 9 and 10 apply, with any necessary changes, to an application under this section as if it were an application for the warrant.
The Supreme Court or magistrate may grant an application, subject to any conditions he or she thinks fit, if satisfied that the matters referred to in section 11(1) still exist, having regard to the matters in section 11(2).
If the Supreme Court or magistrate grants the application, the Supreme Court or magistrate must endorse the new expiry date or the other varied term on the original warrant.
An application may be made under this section more than once.
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