SURVEILLANCE DEVICES ACT 2004 - SECT 4 Relationship to other laws and matters

SURVEILLANCE DEVICES ACT 2004 - SECT 4

  (1)   Except where there is express provision to the contrary, this Act is not intended to affect any other law of the Commonwealth, any law of a State, or any law of a self - governing Territory, that:

  (a)   prohibits or regulates the use of surveillance devices; or

  (b)   prohibits or regulates access to data held in computers; or

  (c)   prohibits or regulates disruption of data held in computers.

  (2)   For the avoidance of doubt, except where express provision is made to the contrary, nothing in this Act applies to any body, organisation or agency, however described, that is involved in the collection of information or intelligence.

  (3)   This Act is not intended to limit a discretion that a court has:

  (a)   to admit or exclude evidence in any proceeding; or

  (b)   to stay criminal proceedings in the interests of justice.

  (4)   For the avoidance of doubt, it is intended that a warrant may be issued, or an emergency authorisation or tracking device authorisation given, under this Act for the installation, use, maintenance or retrieval of a surveillance device in relation to a relevant offence or a recovery order.

  (4A)   For the avoidance of doubt, it is intended that a warrant may be issued, or an emergency authorisation given, under this Act:

  (a)   for access to data held in a computer; and

  (b)   in relation to a relevant offence or a recovery order.

  (4B)   For the avoidance of doubt, it is intended that a warrant may be issued, or an emergency authorisation given, under this Act:

  (a)   for access to, and disruption of, data held in a computer; and

  (b)   in relation to one or more relevant offences.

  (4C)   For the avoidance of doubt, it is intended that a warrant may be issued under this Act:

  (a)   for access to data held in a computer; and

  (b)   in relation to the collection of intelligence that relates to a criminal network of individuals.

  (5)   To avoid doubt, it is intended that a warrant may be issued under this Act for the installation, use, maintenance or retrieval of a surveillance device, or for access to data held in a computer, if:

  (a)   consideration is being given, will be given, or is likely to be given, as to whether to apply for a post - sentence order, and the use of the device or the access to the data would be likely to assist in determining whether to apply for the order; or

  (b)   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.

  (6)   To avoid doubt, a tracking device authorisation may be given under this Act for the use of a tracking device to obtain information relating to a person if:

  (a)   a Part   5.3 supervisory order is in force in relation to the person; and

  (b)   the use is 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.

  (7)   To avoid doubt, it is intended that a warrant may be issued under this Act for the installation, use, maintenance or retrieval of a surveillance device, or for access to data held in a computer, if:

  (a)   consideration is being given, will be given, or is likely to be given, as to whether to apply for a Part   9.10 order, and the use of the device or the access to the data would be likely to assist in determining whether to apply for the order; or

  (b)   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.

  (8)   To avoid doubt, a tracking device authorisation may be given under this Act for the use of a tracking device to obtain information relating to a person if:

  (a)   a community safety supervision order is in force in relation to the person; and

  (b)   the use is 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.