46ADestruction of records—information obtained before a Part 5.3 supervisory order came into force

#### 46A Destruction of records—information obtained before a Part 5.3 supervisory order came into force (1) If: (a) a record or report is in the possession of a law enforcement agency; and (b) the record or report comprises information obtained from the use of a surveillance device under: (i) a surveillance device warrant; or (ii) a tracking device authorisation; issued or given on the basis of a Part 5.3 supervisory order made in relation to a person; and (c) in the case of a surveillance device warrant issued on the basis that a Part 5.3 supervisory order was in force—the warrant was issued for the purpose, or for purposes that include the purpose, of obtaining information that would be likely to substantially assist in connection with determining whether the order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with; and (d) in the case of a tracking device authorisation—the authorisation was given to obtain information relating to the person for the purpose, or for purposes that include the purpose, of determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with; and (e) the use of the surveillance device occurred when the Part 5.3 supervisory order had been made, but had not come into force; and (f) the chief officer of the agency is satisfied that none of the information obtained from the use of the surveillance device is likely to assist in connection with achieving a Part 5.3 object; the chief officer of the agency must cause the record or report to be destroyed as soon as practicable. (1A) If: (a) a record or report is in the possession of a law enforcement agency; and (b) the record or report comprises information obtained from access to data under a computer access warrant issued on the basis of a Part 5.3 supervisory order made in relation to a person; and (c) the warrant was issued for the purpose, or for purposes that include the purpose, of obtaining information that would be likely to substantially assist in connection with determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with; and (d) access to the data occurred when the Part 5.3 supervisory order had been made, but had not come into force; and (e) the chief officer of the agency is satisfied that none of the information obtained from accessing the data is likely to assist in connection with achieving a Part 5.3 object; the chief officer of the agency must cause the record or report to be destroyed as soon as practicable. (2) Section 6C does not apply to subsection (1) or (1A) of this section.