76AHFurther application for digital evidence access order after refusal

76AH Further application for digital evidence access order after refusal

76AH Further application for digital evidence access order after refusal

(1) If an application by a person for a digital evidence access order is refused by an eligible issuing officer, the person or another person who is aware of the application may not make a further application for the same digital evidence access order unless the further application provides additional information that justifies the making of the further application.

(2) However, a further application may be made to a Judge of the Local Court following a refusal to issue a digital evidence access order by an eligible issuing officer who is not a Judge of the Local Court, whether or not additional information is provided in the further application.

(3) Subsection (2) does not apply to a digital evidence access order in connection with—

(a) a covert search warrant, or

(b) a criminal organisation search warrant.

(4) Only one further application may be made in a particular case.

s 76AH: Ins 2022 No 47, Sch 1[5]. Am 2025 No 61, Sch 2.58[4].