SURVEILLANCE DEVICES ACT 2004 - SECT 3 Purposes

SURVEILLANCE DEVICES ACT 2004 - SECT 3

    The main purposes of this Act are:

  (a)   to establish procedures for law enforcement officers to obtain warrants, emergency authorisations and tracking device authorisations for the installation and use of surveillance devices in relation to criminal investigations and the location and safe recovery of children to whom recovery orders relate; and

  (aaa)   to establish procedures for law enforcement officers to obtain warrants and emergency authorisations that:

  (i)   are for access to data held in computers; and

  (ii)   relate to criminal investigations and the location and safe recovery of children to whom recovery orders relate; and

  (aab)   to establish procedures for certain law enforcement officers of the Australian Federal Police or the Australian Crime Commission to obtain warrants and emergency authorisations that:

  (i)   authorise the disruption of data held in computers; and

  (ii)   are likely to substantially assist in frustrating the commission of relevant offences; and

  (aac)   to establish procedures for the chief officer of the Australian Federal Police or the Australian Crime Commission to obtain warrants that:

  (i)   authorise access to data held in computers; and

  (ii)   will substantially assist in the collection of intelligence that relates to criminal networks of individuals; and

  (aad)   to establish procedures for law enforcement officers to obtain warrants for the installation and use of surveillance devices, or for access to data held in computers, in cases where the use of the device or the access to the data would be likely to assist in determining whether to apply for a post - sentence order; and

  (aae)   to establish procedures for law enforcement officers to obtain warrants for the installation and use of surveillance devices, or for access to data held in computers, in cases where a Part   5.3 supervisory order is in force, and the use of the device or the access to the data would be likely to substantially assist in:

  (i)   achieving a Part   5.3 object; or

  (ii)   determining whether the Part   5.3 supervisory order, or any succeeding Part   5.3 supervisory order, has been, or is being, complied with; and

  (aaf)   to establish procedures for law enforcement officers to obtain tracking device authorisations for the use of tracking devices in cases where a Part   5.3 supervisory order is in force in relation to a person, and the use of a tracking device is to obtain information relating to the person for either of the following purposes:

  (i)   achieving a Part   5.3 object;

  (ii)   determining whether the Part   5.3 supervisory order, or any succeeding Part   5.3 supervisory order, has been, or is being, complied with; and

  (aag)   to establish procedures for law enforcement officers to obtain warrants for the installation and use of surveillance devices, or for access to data held in computers, in cases where a community safety supervision order is in force, and the use of the device or the access to the data would be likely to substantially assist in:

  (i)   achieving a Part   9.10 object; or

  (ii)   determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with; and

  (aah)   to establish procedures for law enforcement officers to obtain tracking device authorisations for the use of tracking devices in cases where a community safety supervision order is in force in relation to a person, and the use of a tracking device is to obtain information relating to the person for either of the following purposes:

  (i)   achieving a Part   9.10 object;

  (ii)   determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with; and

  (b)   to restrict the use, communication and publication of information that is obtained through the use of surveillance devices or that is otherwise connected with surveillance device operations; and

  (ba)   to restrict the use, communication and publication of information that is obtained through accessing or disrupting data held in computers or that is otherwise connected with computer data access operations or computer data disruption operations; and

  (c)   to impose requirements for the secure storage and destruction of records, and the making of reports, in connection with surveillance device operations, computer data access operations and computer data disruption operations.