QLDIn ForceAct
Public Safety Preservation Act 1986
sec.43GWhen surveillance device authorisation ends
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### sec.43G When surveillance device authorisation ends
A surveillance device authorisation for a relevant emergency ends—
if a commissioned officer revokes the authorisation—when it is revoked; or
if paragraph (a) does not apply and more than 1 emergency was declared to exist in relation to the situation to which the relevant emergency relates—when the last declaration ends; or
if paragraphs (a) and (b) do not apply—when the declaration for the relevant emergency ends.
If a surveillance device authorisation ends under subsection (1) , the authorisation stops having effect other than to the extent it authorises—
the retrieval of the surveillance device and any enhancement equipment; and
the use of the surveillance device and any enhancement equipment for the purpose of retrieving the device and equipment.
However, after a surveillance device authorisation ends—
covert entry to a building in order to retrieve a surveillance device or any enhancement equipment is not authorised; and
For retrieval warrants for surveillance devices and enhancement equipment lawfully installed under a surveillance device authorisation, see the Police Powers and Responsibilities Act 2000 , chapter 13 , part 2 , division 3 .
a police officer may exercise a power mentioned in subsection (2) only if a commissioned officer approves the exercise.
This section does not stop a police officer from retrieving a surveillance device and any enhancement equipment from premises if the presence of the police officer on the premises is not an offence.
s 43G ins 2017 No. 30 s 39
(sec.43G-ssec.1) A surveillance device authorisation for a relevant emergency ends— if a commissioned officer revokes the authorisation—when it is revoked; or if paragraph (a) does not apply and more than 1 emergency was declared to exist in relation to the situation to which the relevant emergency relates—when the last declaration ends; or if paragraphs (a) and (b) do not apply—when the declaration for the relevant emergency ends.
(sec.43G-ssec.2) If a surveillance device authorisation ends under subsection (1) , the authorisation stops having effect other than to the extent it authorises— the retrieval of the surveillance device and any enhancement equipment; and the use of the surveillance device and any enhancement equipment for the purpose of retrieving the device and equipment.
(sec.43G-ssec.3) However, after a surveillance device authorisation ends— covert entry to a building in order to retrieve a surveillance device or any enhancement equipment is not authorised; and For retrieval warrants for surveillance devices and enhancement equipment lawfully installed under a surveillance device authorisation, see the Police Powers and Responsibilities Act 2000 , chapter 13 , part 2 , division 3 . a police officer may exercise a power mentioned in subsection (2) only if a commissioned officer approves the exercise.
(sec.43G-ssec.4) This section does not stop a police officer from retrieving a surveillance device and any enhancement equipment from premises if the presence of the police officer on the premises is not an offence.
- (a) if a commissioned officer revokes the authorisation—when it is revoked; or
- (b) if paragraph (a) does not apply and more than 1 emergency was declared to exist in relation to the situation to which the relevant emergency relates—when the last declaration ends; or
- (c) if paragraphs (a) and (b) do not apply—when the declaration for the relevant emergency ends.
- (a) the retrieval of the surveillance device and any enhancement equipment; and
- (b) the use of the surveillance device and any enhancement equipment for the purpose of retrieving the device and equipment.
- (a) covert entry to a building in order to retrieve a surveillance device or any enhancement equipment is not authorised; and Note— For retrieval warrants for surveillance devices and enhancement equipment lawfully installed under a surveillance device authorisation, see the Police Powers and Responsibilities Act 2000 , chapter 13 , part 2 , division 3 .
- (b) a police officer may exercise a power mentioned in subsection (2) only if a commissioned officer approves the exercise.