Search and Surveillance Act 2012

Enforcement officers' powers and orders - Surveillance device warrants and declaratory orders - Declaratory orders

65: What is a declaratory order

You could also call this:

"A Judge's declaratory order explains what they think is reasonable and lawful in a specific situation."

A declaratory order is when a Judge says they think something is reasonable and lawful. You might get a declaratory order about using a device, technique, or procedure, or doing a certain activity. The Judge's order will say what they think is reasonable and lawful in a specific situation.

A declaratory order is like advice and does not change what any court can decide. If someone asks a court to decide if an activity was reasonable and lawful, the court can still make its own decision. The declaratory order does not affect what the court can decide about the activity.

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66: When to obtain declaratory order, or

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Part 3Enforcement officers' powers and orders
Surveillance device warrants and declaratory orders: Declaratory orders

65What is a declaratory order

  1. A declaratory order is a statement by a Judge that he or she is satisfied that the use of a device, technique, or procedure, or the carrying out of an activity, specified in the order is, in the circumstances of the use or the carrying out of the activity specified in the order, reasonable and lawful.

  2. A declaratory order is advisory in character and does not affect the jurisdiction of any court to determine whether the activity that was the subject of the order was reasonable and lawful.