Commonwealth Consolidated Acts

SURVEILLANCE DEVICES ACT 2004 - SECT 44

             (1)  In this Act:

"protected information " means:

                     (a)  any information obtained from the use of a surveillance device under a warrant, an emergency authorisation or a tracking device authorisation; or

                     (b)  any information relating to:

                              (i)  an application for, the issue of, the existence of, or the expiration of, a warrant, an emergency authorisation or a tracking device authorisation; or

                             (ii)  an application for approval of powers exercised under an emergency authorisation; or

                     (c)  any information that is likely to enable the identification of a person, object or premises specified in a warrant, an emergency authorisation or a tracking device authorisation; or

                     (d)  any other information obtained by a law enforcement officer:

                              (i)  without the authority of a warrant or a tracking device authorisation; or

                             (ii)  without the authority of an emergency authorisation that was subsequently approved; or

                            (iii)  in a case where the information was obtained through the use of a surveillance device in a foreign country, or on a vessel or aircraft that is registered under the law of a foreign country and that is in or above waters beyond the outer limit of Australia's territorial sea (within the meaning of section 41)--without the agreement of the appropriate consenting official of that foreign country, and of any other foreign country, whose agreement is required under section 42;

                            in contravention of the requirement for such a warrant, tracking device authorisation or emergency authorisation.

             (2)  For the avoidance of doubt, information obtained under an emergency authorisation falls under paragraph (a) and not paragraph (d) of the definition of protected information unless:

                     (a)  an eligible Judge or nominated AAT member refuses to approve the giving of the emergency authorisation; or

                     (b)  contrary to the requirement of section 33, no application for such an approval has been made.