80JDecisions about applications for DECCD access orders

80J Decisions about applications for DECCD access orders

80J Decisions about applications for DECCD access orders

(1) The eligible Judge must—

(a) consider the application for the DECCD access order, and

(b) decide whether or not to grant the application and issue a DECCD access order.

(2) The eligible Judge may grant an application for a DECCD access order only if the judge is satisfied—

(a) there are reasonable grounds for suspecting the person specified in the application is—

(i) in possession of a device suspected of being a dedicated encrypted criminal communication device, and

(ii) committing a DECCD offence, and

(b) the making of the DECCD access order will assist law enforcement in determining whether the device is a dedicated encrypted criminal communication device.

(3) If the judge grants the application, the judge must issue a DECCD access order to the applicant.

s 80J: Ins 2022 No 46, Sch 3[2]. Am 2023 No 39, Sch 2.7; 2025 No 61, Sch 2.58[10] [12].