76APRecord of proceedings before eligible issuing officer

76AP Record of proceedings before eligible issuing officer

76AP Record of proceedings before eligible issuing officer

(1) An eligible issuing officer who issues a digital evidence access order must ensure a record is made of all relevant particulars of the grounds the eligible issuing officer has relied on to justify the issue of the digital evidence access order.

(2) An eligible issuing officer who refuses to issue a digital evidence access order must ensure a record is made of all relevant particulars of the grounds the eligible issuing officer has relied on to justify the refusal to issue the digital evidence access order.

(3) A matter that might disclose the identity of a person must not be recorded under this section if the eligible issuing officer is satisfied making the record might jeopardise the safety of any person.

Note—

Regulations made under section 238(3) may provide that certain documents, that may disclose the identity of persons, are not available for inspection.

s 76AP: Ins 2022 No 47, Sch 1[5].