sec.742Monitor’s functions

### sec.742 Monitor’s functions The public interest monitor has the functions mentioned in subsection (2) for surveillance device warrants, retrieval warrants, approvals of the use of surveillance devices under emergency authorisations, and covert search warrants. The functions are— to monitor compliance by police officers with chapter 9 in relation to matters concerning applications for covert search warrants; and to monitor compliance by law enforcement officers with chapter 13 in relation to matters concerning applications for surveillance device warrants, retrieval warrants and approvals of the use of surveillance devices under emergency authorisations; and to appear at any hearing of an application to a Supreme Court judge for a warrant or approval mentioned in paragraph (a) or (b) , or to a magistrate for a warrant mentioned in paragraph (b) , to test the validity of the application, and for that purpose at the hearing, to— present questions for the applicant to answer and examine or cross-examine any witness; and make submissions on the appropriateness of granting the application; and to appear at a consideration of a report made to a Supreme Court judge or a magistrate or given to the monitor and referred to a judge or magistrate under section 357 ; and to gather statistical information about the use and effectiveness of covert search warrants and surveillance device warrants; and to report as required by this Act on any matter about which this Act expressly requires the public interest monitor to report; and whenever the public interest monitor considers it appropriate— to give to the commissioner a report on noncompliance by police officers with chapter 9 ; or to give to the chief executive officer of a law enforcement agency a report on noncompliance by law enforcement officers of the law enforcement agency with chapter 13 . If a report under subsection (2) includes a report on noncompliance involving police officers who are also commission officers under the Crime and Corruption Act 2001 , the monitor must also give a copy of the report to— the CCC; and the Parliamentary Crime and Corruption Committee of the Legislative Assembly. Subject to the direction of the public interest monitor, a deputy public interest monitor has the functions mentioned in subsection (2) (a) , (b) , (c) , (d) and (e) . Also, the public interest monitor has the following functions— under the Criminal Code of the Commonwealth, to exercise the power conferred on the monitor under the following sections— section 104 .12 (Service, explanation and notification of an interim control order) section 104 .14 (Confirming an interim control order) section 104 .18 (Application by the person for a revocation or variation of a control order) section 104 .19 (Application by the AFP Commissioner for a revocation or variation of a control order) section 104 .23 (Application by the AFP Commissioner for addition of obligations, prohibitions or restrictions); under the Terrorism (Preventative Detention) Act 2005 , to exercise the power conferred on the monitor under the following sections— section 14 (General provisions that apply if the PIM must be notified about an application to the issuing authority) section 73 (Supreme Court hearing and decision); to gather statistical information about the use and effectiveness of control orders and preventative detention orders under the Acts mentioned in paragraphs (a) and (b) ; whenever the public interest monitor considers it appropriate—to give to the commissioner a report on noncompliance by police officers with the Terrorism (Preventative Detention) Act 2005 ; to gather statistical information about the use and effectiveness of official warnings for consorting; to gather statistical information about the use and effectiveness of public safety orders made by commissioned officers under the Peace and Good Behaviour Act 1982 ; to gather statistical information about the use and effectiveness of firearm prohibition orders made under the Weapons Act 1990 , part 5A ; to monitor compliance by police officers with the Weapons Act 1990 , part 5A , division 4 ; whenever the public interest monitor considers it appropriate—to give to the commissioner a report on noncompliance by police officers with the Weapons Act 1990 , part 5A , division 4 . Also, subject to the direction of the public interest monitor, a deputy public interest monitor has the functions mentioned in subsection (4) . s 742 (prev s 159) amd 2005 No. 73 s 86 ; 2005 No. 45 s 9 renum and reloc 2005 No. 45 s 11 amd 2006 No. 41 s 49 ; 2007 No. 34 s 5 sch ; 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 62 s 324 ; 2024 No. 45 s 48 (sec.742-ssec.1) The public interest monitor has the functions mentioned in subsection (2) for surveillance device warrants, retrieval warrants, approvals of the use of surveillance devices under emergency authorisations, and covert search warrants. (sec.742-ssec.2) The functions are— to monitor compliance by police officers with chapter 9 in relation to matters concerning applications for covert search warrants; and to monitor compliance by law enforcement officers with chapter 13 in relation to matters concerning applications for surveillance device warrants, retrieval warrants and approvals of the use of surveillance devices under emergency authorisations; and to appear at any hearing of an application to a Supreme Court judge for a warrant or approval mentioned in paragraph (a) or (b) , or to a magistrate for a warrant mentioned in paragraph (b) , to test the validity of the application, and for that purpose at the hearing, to— present questions for the applicant to answer and examine or cross-examine any witness; and make submissions on the appropriateness of granting the application; and to appear at a consideration of a report made to a Supreme Court judge or a magistrate or given to the monitor and referred to a judge or magistrate under section 357 ; and to gather statistical information about the use and effectiveness of covert search warrants and surveillance device warrants; and to report as required by this Act on any matter about which this Act expressly requires the public interest monitor to report; and whenever the public interest monitor considers it appropriate— to give to the commissioner a report on noncompliance by police officers with chapter 9 ; or to give to the chief executive officer of a law enforcement agency a report on noncompliance by law enforcement officers of the law enforcement agency with chapter 13 . (sec.742-ssec.2A) If a report under subsection (2) includes a report on noncompliance involving police officers who are also commission officers under the Crime and Corruption Act 2001 , the monitor must also give a copy of the report to— the CCC; and the Parliamentary Crime and Corruption Committee of the Legislative Assembly. (sec.742-ssec.3) Subject to the direction of the public interest monitor, a deputy public interest monitor has the functions mentioned in subsection (2) (a) , (b) , (c) , (d) and (e) . (sec.742-ssec.4) Also, the public interest monitor has the following functions— under the Criminal Code of the Commonwealth, to exercise the power conferred on the monitor under the following sections— section 104 .12 (Service, explanation and notification of an interim control order) section 104 .14 (Confirming an interim control order) section 104 .18 (Application by the person for a revocation or variation of a control order) section 104 .19 (Application by the AFP Commissioner for a revocation or variation of a control order) section 104 .23 (Application by the AFP Commissioner for addition of obligations, prohibitions or restrictions); under the Terrorism (Preventative Detention) Act 2005 , to exercise the power conferred on the monitor under the following sections— section 14 (General provisions that apply if the PIM must be notified about an application to the issuing authority) section 73 (Supreme Court hearing and decision); to gather statistical information about the use and effectiveness of control orders and preventative detention orders under the Acts mentioned in paragraphs (a) and (b) ; whenever the public interest monitor considers it appropriate—to give to the commissioner a report on noncompliance by police officers with the Terrorism (Preventative Detention) Act 2005 ; to gather statistical information about the use and effectiveness of official warnings for consorting; to gather statistical information about the use and effectiveness of public safety orders made by commissioned officers under the Peace and Good Behaviour Act 1982 ; to gather statistical information about the use and effectiveness of firearm prohibition orders made under the Weapons Act 1990 , part 5A ; to monitor compliance by police officers with the Weapons Act 1990 , part 5A , division 4 ; whenever the public interest monitor considers it appropriate—to give to the commissioner a report on noncompliance by police officers with the Weapons Act 1990 , part 5A , division 4 . (sec.742-ssec.5) Also, subject to the direction of the public interest monitor, a deputy public interest monitor has the functions mentioned in subsection (4) . - (a) to monitor compliance by police officers with chapter 9 in relation to matters concerning applications for covert search warrants; and - (b) to monitor compliance by law enforcement officers with chapter 13 in relation to matters concerning applications for surveillance device warrants, retrieval warrants and approvals of the use of surveillance devices under emergency authorisations; and - (c) to appear at any hearing of an application to a Supreme Court judge for a warrant or approval mentioned in paragraph (a) or (b) , or to a magistrate for a warrant mentioned in paragraph (b) , to test the validity of the application, and for that purpose at the hearing, to— (i) present questions for the applicant to answer and examine or cross-examine any witness; and (ii) make submissions on the appropriateness of granting the application; and - (i) present questions for the applicant to answer and examine or cross-examine any witness; and - (ii) make submissions on the appropriateness of granting the application; and - (d) to appear at a consideration of a report made to a Supreme Court judge or a magistrate or given to the monitor and referred to a judge or magistrate under section 357 ; and - (e) to gather statistical information about the use and effectiveness of covert search warrants and surveillance device warrants; and - (f) to report as required by this Act on any matter about which this Act expressly requires the public interest monitor to report; and - (g) whenever the public interest monitor considers it appropriate— (i) to give to the commissioner a report on noncompliance by police officers with chapter 9 ; or (ii) to give to the chief executive officer of a law enforcement agency a report on noncompliance by law enforcement officers of the law enforcement agency with chapter 13 . - (i) to give to the commissioner a report on noncompliance by police officers with chapter 9 ; or - (ii) to give to the chief executive officer of a law enforcement agency a report on noncompliance by law enforcement officers of the law enforcement agency with chapter 13 . - (i) present questions for the applicant to answer and examine or cross-examine any witness; and - (ii) make submissions on the appropriateness of granting the application; and - (i) to give to the commissioner a report on noncompliance by police officers with chapter 9 ; or - (ii) to give to the chief executive officer of a law enforcement agency a report on noncompliance by law enforcement officers of the law enforcement agency with chapter 13 . - (a) the CCC; and - (b) the Parliamentary Crime and Corruption Committee of the Legislative Assembly. - (a) under the Criminal Code of the Commonwealth, to exercise the power conferred on the monitor under the following sections— • section 104 .12 (Service, explanation and notification of an interim control order) • section 104 .14 (Confirming an interim control order) • section 104 .18 (Application by the person for a revocation or variation of a control order) • section 104 .19 (Application by the AFP Commissioner for a revocation or variation of a control order) • section 104 .23 (Application by the AFP Commissioner for addition of obligations, prohibitions or restrictions); - • section 104 .12 (Service, explanation and notification of an interim control order) - • section 104 .14 (Confirming an interim control order) - • section 104 .18 (Application by the person for a revocation or variation of a control order) - • section 104 .19 (Application by the AFP Commissioner for a revocation or variation of a control order) - • section 104 .23 (Application by the AFP Commissioner for addition of obligations, prohibitions or restrictions); - (b) under the Terrorism (Preventative Detention) Act 2005 , to exercise the power conferred on the monitor under the following sections— • section 14 (General provisions that apply if the PIM must be notified about an application to the issuing authority) • section 73 (Supreme Court hearing and decision); - • section 14 (General provisions that apply if the PIM must be notified about an application to the issuing authority) - • section 73 (Supreme Court hearing and decision); - (c) to gather statistical information about the use and effectiveness of control orders and preventative detention orders under the Acts mentioned in paragraphs (a) and (b) ; - (d) whenever the public interest monitor considers it appropriate—to give to the commissioner a report on noncompliance by police officers with the Terrorism (Preventative Detention) Act 2005 ; - (e) to gather statistical information about the use and effectiveness of official warnings for consorting; - (f) to gather statistical information about the use and effectiveness of public safety orders made by commissioned officers under the Peace and Good Behaviour Act 1982 ; - (g) to gather statistical information about the use and effectiveness of firearm prohibition orders made under the Weapons Act 1990 , part 5A ; - (h) to monitor compliance by police officers with the Weapons Act 1990 , part 5A , division 4 ; - (i) whenever the public interest monitor considers it appropriate—to give to the commissioner a report on noncompliance by police officers with the Weapons Act 1990 , part 5A , division 4 . - • section 104 .12 (Service, explanation and notification of an interim control order) - • section 104 .14 (Confirming an interim control order) - • section 104 .18 (Application by the person for a revocation or variation of a control order) - • section 104 .19 (Application by the AFP Commissioner for a revocation or variation of a control order) - • section 104 .23 (Application by the AFP Commissioner for addition of obligations, prohibitions or restrictions); - • section 14 (General provisions that apply if the PIM must be notified about an application to the issuing authority) - • section 73 (Supreme Court hearing and decision);