David Leyonhjelm (NSW, Liberal Democratic Party) Share this | Hansard source

by leave—I move amendment (2) on sheet 7597:

(2) Schedule 1, item 51, page 61 (after line 22), at the end of Division 9, add:

3ZZIC Sunset provision

     A delayed notification search warrant cannot be applied for or issued after the end of 7 September 2018.

This amendment introduces a sunset clause into the delayed notification warrants scheme similar to others which were recommended by the joint committee and accepted by the government in relation to control orders and preventive detention orders. It prevents a new delayed notification search warrant being issued after the sunset date. It does not prevent a warrant that was issued earlier being executed. This is appropriate in context because delayed notification search warrants expire 30 days after being issued. Also, after a warrant is executed, there remain a number of ongoing obligations, such as the requirement to eventually give notification. This, in my view, should remain in force as a protective measure. In other words, this introduces the same sunset provision that the government has already accepted in relation to control orders and preventive detention orders, and simply brings delayed notification warrants under the same system.