19Revocation of dedicated encrypted criminal communication device prohibition order on application of subject

19 Revocation of dedicated encrypted criminal communication device prohibition order on application of subject

19 Revocation of dedicated encrypted criminal communication device prohibition order on application of subject

(1) The subject of a dedicated encrypted criminal communication device prohibition order may apply to the Local Court to have the order revoked.

(2) The Commissioner of Police is the respondent to the application.

(3) The Local Court may require the applicant to provide the Court with a copy of the dedicated encrypted criminal communication device prohibition order.

(4) The Local Court may—

(a) affirm the dedicated encrypted criminal communication device prohibition order, or

(b) vary the term of the order, or

(c) revoke the order.

(5) The Local Court may revoke the dedicated encrypted criminal communication device prohibition order only if satisfied—

(a) the order is unreasonably onerous in the circumstances, or

(b) the subject of the order is not likely to use a dedicated encrypted criminal communication device to avoid law enforcement detection of criminal activity, or

(c) the risk of the subject of the order using a dedicated encrypted criminal communication device to avoid law enforcement detection of criminal activity could be mitigated in another way.

(6) The following are not to be provided to the Local Court—

(a) a document that formed part of the application for the dedicated encrypted criminal communication device prohibition order,

(b) the reasons recorded by the authorised judge for making the order.

(7) Subsection (6) does not prevent the Commissioner of Police from providing information to the Local Court if the Commissioner considers it to be relevant to the application.

(8) An application for the revocation of a dedicated encrypted criminal communication device prohibition order must not be made by the subject of the order within 6 months after—

(a) a copy of the order has been served on the subject of the order, or