SURVEILLANCE DEVICES ACT 2004 - SECT 40 Record of tracking device authorisations to be kept

SURVEILLANCE DEVICES ACT 2004 - SECT 40

  (1)   As soon as practicable after an appropriate authorising officer gives a tracking device authorisation, the officer must make a written record of the giving of that authorisation, including in the record:

  (a)   the name of the applicant for the authorisation; and

  (b)   the date and time the authorisation was given; and

  (c)   if the authorisation authorises the use of a tracking device in relation to the investigation of an alleged relevant offence or offences--the alleged offence or offences in respect of which the authorisation is given; and

  (d)   if the authorisation authorises the use of a tracking device in relation to a recovery order--the date the order was made and the name of the child to whom the order relates; and

  (da)   if the authorisation authorises the use of a tracking device for the purposes of an integrity operation--details identifying the integrity authority for the operation and each alleged relevant offence; and

  (db)   if the authorisation is given on the basis of a Part   5.3 supervisory order that is in force in relation to a person--the following details:

  (i)   the name of the person;

  (ii)   the date the order was made;

  (iii)   if (disregarding section   6C) the order is not already in force and the order is not an interim control order--when the order comes into force;

  (iv)   whether the order is an interim control order, a confirmed control order, an interim supervision order or an extended supervision order; and

  (dc)   if the authorisation is given on the basis of a community safety supervision order that is in force in relation to a person--the following details:

  (i)   the name of the person;

  (ii)   the date the order was made;

  (iii)   if (disregarding section   6E) the order is not already in force--when the order comes into force; and

  (e)   if the authorisation authorises the use of a tracking device in or on an object or class of object--the object or class of object in or on which the use of the tracking device is authorised; and

  (f)   if the authorisation authorises the use of a tracking device on a vehicle or class of vehicle--the vehicle or class of vehicle on which the use of the tracking device is authorised; and

  (g)   if the authorisation authorises the use of a tracking device in respect of the conversations, activities or geographical location of a person--the name of the person (if known); and

  (h)   if the authorisation authorises the retrieval of a tracking device--the premises or object from which the tracking device is to be retrieved; and

  (i)   the name of the law enforcement officer primarily responsible for executing the authorisation; and

  (j)   any conditions subject to which a tracking device may be used, under the authorisation.

  (2)   A written record made under subsection   (1) is not a legislative instrument.