20Revocation of dedicated encrypted criminal communication device prohibition order on application of Commissioner of Police or oversight commissioner

20 Revocation of dedicated encrypted criminal communication device prohibition order on application of Commissioner of Police or oversight commissioner

20 Revocation of dedicated encrypted criminal communication device prohibition order on application of Commissioner of Police or oversight commissioner

(1) Either of the following persons may apply, at any time, to the Local Court to have a dedicated encrypted criminal communication device prohibition order revoked—

(a) the Commissioner of Police,

(b) the oversight commissioner.

(2) For an application made under subsection (1), the following persons are the respondent to the application—

(a) for an application made by the Commissioner of Police—the oversight commissioner,

(b) for an application made by the oversight commissioner—the Commissioner of Police.

(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.