SURVEILLANCE DEVICES ACT 2004 - SECT 46 Dealing with records obtained by using a surveillance device or accessing data held in a computer

SURVEILLANCE DEVICES ACT 2004 - SECT 46

  (1)   The chief officer of a law enforcement agency:

  (a)   must ensure that every record or report comprising protected information, general computer access intercept information or data disruption intercept information is kept in a secure place that is not accessible to people who are not entitled to deal with the record or report; and

  (b)   must cause to be destroyed any record or report referred to in paragraph   (a):

  (i)   as soon as practicable after the making of the record or report if the chief officer is satisfied that no civil or criminal proceeding to which the material contained in the record or report relates has been, or is likely to be, commenced and that the material contained in the record or report is not likely to be required in connection with an activity referred to in subsection   45(4) or a purpose referred to in subsection   45(5) or 45A(1); and

  (ii)   within the period of 5 years after the making of the record or report, and within each period of 5 years thereafter, unless, before the end of that period, the chief officer is satisfied in relation to the material contained in the record or report of a matter referred to in subparagraph   (i) and certifies to that effect.

  (2)   If an agency is not a law enforcement agency but, as described in subsection   45(4) or (5) or 45A(1), receives records or reports obtained by:

  (aa)   using a surveillance device; or

  (ab)   accessing data held in a computer; or

  (ac)   disrupting data held in a computer;

the officer in charge of the agency:

  (a)   must ensure that every record or report that is so received is kept in a secure place that is not accessible to people who are not entitled to deal with the record or report; and

  (b)   must cause to be destroyed any record or report referred to in paragraph   (a):

  (i)   as soon as practicable after the receipt of the record or report by the agency if the officer in charge is satisfied that no civil or criminal proceeding to which the material contained in the record or report relates has been, or is likely to be, commenced and that the material contained in the record or report is not likely to be required in connection with an activity referred to in subsection   45(4) or a purpose referred to in subsection   45(5) or 45A(1); and

  (ii)   within the period of 5 years after the making of the record or report, and within each period of 5 years thereafter, unless, before the end of that period, the officer in charge is satisfied in relation to the material contained in the record or report of a matter referred to in subparagraph   (i) and certifies to that effect.

  (3)   Subsections   (1) and (2) do not apply to a record or report that is received into evidence in legal proceedings or disciplinary proceedings.