Garda Síochána (Recording Devices) Act 2023
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Variation or renewal of authorisation | ||
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41. (1) A superior officer may make an application to the District Court in accordance with section 40 (1) for a variation or renewal of an authorisation (in this section referred to as an “original authorisation”), and the judge to whom the application is made may, if he or she is satisfied by information on oath of the superior officer justifying the variation or renewal of the original authorisation— | ||
(a) vary the authorisation, or | ||
(b) renew the authorisation, on the same or different conditions, for such further period, not exceeding 6 months, as the judge considers appropriate. | ||
(2) The information on oath referred to in subsection (1) shall include— | ||
(a) a copy of the original authorisation or any authorisations renewing or varying the original authorisation if applicable, | ||
(b) the outcome of the processing carried out under any of the authorisations referred to in paragraph (a), and | ||
(c) the reasons why the superior officer believes that the renewal or variation, as the case may be, is required. | ||
(3) An application for a renewal under this section shall be made before the authorisation concerned, or any previous renewal of that authorisation, as the case may be, has expired. | ||
(4) Where an application for a renewal under this section has been made and the authorisation concerned would, but for this subsection, expire before the determination of the application, it shall be deemed not to expire until the application has been determined. |