CRIMES (SURVEILLANCE DEVICES) ACT 2010 - SECT 40 Other records to be kept

CRIMES (SURVEILLANCE DEVICES) ACT 2010 - SECT 40

The chief officer of a law enforcement agency must keep the following records:

        (a)     a statement as to whether each application made by a law enforcement officer of the agency for a warrant, or extension, amendment or revocation of a warrant, was granted, refused or withdrawn;

        (b)     for each warrant issued to a law enforcement officer of the agency, a statement about whether the warrant was executed;

        (c)     for each surveillance device warrant mentioned in a statement under paragraph (b) that was executed, a statement setting out the following information:

              (i)     the name of each person involved in the execution of the warrant;

              (ii)     the kind of surveillance device used;

              (iii)     the period during which the device was used;

              (iv)     the name, if known, of any person whose conversations or activities were overheard, recorded, monitored, listened to or observed by the use of the device;

              (v)     the name, if known, of any person whose geographical location was worked out by the use of a tracking device;

              (vi)     details of any premises on which the device was installed or any place at which the device was used;

              (vii)     details of any object in or on which the device was installed or any premises where the object was located when the device was installed;

              (viii)     details of the benefit to the investigation of the use of the device and of the general use made or to be made of any evidence or information obtained by the use of the device;

              (ix)     details of the compliance with the conditions (if any) to which the warrant was subject;

              (x)     if the warrant was extended or amended, the number of extensions or amendments and the reasons for them;

        (d)     for each retrieval warrant mentioned in a statement under paragraph (b) that was executed, a statement setting out the following information:

              (i)     details of any premises entered, anything opened and any object removed and replaced under the warrant;

              (ii)     whether the surveillance device was retrieved under the warrant;

              (iii)     if the device was not retrieved, the reason why;

              (iv)     details of the compliance with the conditions (if any) to which the warrant was subject;

        (e)     a statement as to whether each application made by a law enforcement officer of the agency for an emergency authorisation, or for approval of powers exercised under an emergency authorisation, was granted, refused or withdrawn;

        (f)     details of each use by the agency, or by a law enforcement officer of the agency, of information obtained by the use of a surveillance device by a law enforcement officer of the agency;

        (g)     details of each communication by a law enforcement officer of the agency to a person other than a law enforcement officer of the agency of information obtained by the use of a surveillance device by a law enforcement officer of the agency;

        (h)     details of each occasion when, to the knowledge of a law enforcement officer of the agency, information obtained by the use of a surveillance device by a law enforcement officer of the agency was given in evidence in a relevant proceeding;

              (i)     details of the destruction of records or reports under section 35 (1) (b) (Dealing with records obtained by use of surveillance devices).