SURVEILLANCE DEVICES ACT 2004 - SECT 49 Report on each warrant or authorisation
SURVEILLANCE DEVICES ACT 2004 - SECT 49
Report on each warrant or authorisation(1) The chief officer of each law enforcement agency to which there belongs or is seconded a law enforcement officer to whom:
(a) a warrant is issued; or
(b) an emergency authorisation is given; or
(c) a tracking device authorisation is given;
must, as soon as practicable after the warrant or authority ceases to be in force:
(d) make a report to the Minister in accordance with this section; and
(e) give to the Minister a copy of each such warrant or authorisation, and of any instrument revoking, extending or varying such a warrant or authorisation.
(2) In the case of a surveillance device warrant, or an emergency authorisation for the use of a surveillance device, or a tracking device authorisation, the report must:
(a) state whether the warrant or authorisation was executed; and
(i) state the name of the person primarily responsible for the execution of the warrant or authorisation; and
(ii) state the name of each person involved in the installation, maintenance or retrieval of the surveillance device; and
(iii) state the kind of surveillance device used; and
(iv) state the period during which the device was used; and
(v) state the name, if known, of any person whose conversations or activities were overheard, recorded, monitored, listened to or observed by the use of the device; and
(vi) state the name, if known, of any person whose location was determined by the use of a tracking device; and
(vii) give details of any premises on which the device was installed or any place at which the device was used; and
(viii) give details of any object in or on which the device was installed and any premises where the object was located when the device was installed; and
(ix) if the warrant is issued or the authorisation given in respect of the investigation of a relevant offence--give details of the benefit to the investigation of the use of the device and of the general use made or to be made of any evidence or information obtained by the use of the device; and
(x) if the warrant is issued or the authorisation given in respect of the location and safe recovery of a child to whom a recovery order relates--give details of use of the device in assisting with the location and safe recovery of the child; and
(xa) if the warrant is issued or the authorisation given for the purposes of an integrity operation--give details of the benefit to the operation of the use of the device and of the general use made or to be made of any evidence or information obtained by the use of the device; and
(xb) if the warrant is a Part 5.3 warrant--give the details specified in subsection (2A); and
(xc) if the warrant is a Part 9.10 warrant--give the details specified in subsection (2AA); and
(xi) give details of the communication of evidence or information obtained by the use of the device to persons other than officers of the agency; and
(xii) give details of the compliance with the conditions (if any) to which the warrant or authorisation was subject; and
(c) if the warrant or authorisation was extended or varied, state:
(i) the number of extensions or variations; and
(2A) For the purposes of subparagraph (2)(b)(xb), the details are:
(aa) if the warrant was issued to determine whether to apply for a post - sentence order--the benefit of the use of the device in determining whether to make the application; and
(a) if the warrant was issued on the basis of a Part 5.3 supervisory order that is or was in force in relation to a person--the benefit of the use of the device in:
(i) achieving a Part 5.3 object; or
(ii) determining whether the Part 5.3 supervisory order has been, or is being, complied with; and
(b) the general use to be made of any evidence or information obtained by the use of the device.
(2AA) For the purposes of subparagraph (2)(b)(xc), the details are:
(a) if the warrant was issued to determine whether to apply for a Part 9.10 order--the benefit of the use of the device in determining whether to make the application; and
(b) if the warrant was issued on the basis of a community safety supervision order that is or was in force in relation to a person--the benefit of the use of the device in:
(i) achieving a Part 9.10 object; or
(ii) determining whether the community safety supervision order has been, or is being, complied with; and
(c) the general use to be made of any evidence or information obtained by the use of the device.
(2B) In the case of a computer access warrant, or an emergency authorisation, for access to data held in a computer, the report must:
(a) state whether the warrant or authorisation was executed; and
(i) state the name of the person primarily responsible for the execution of the warrant or authorisation; and
(ii) state the name of each person involved in accessing data under the warrant or authorisation; and
(iii) state the period during which the data was accessed; and
(iv) state the name, if known, of any person whose data was accessed; and
(v) give details of any premises at which the computer was located; and
(vi) if the warrant is issued, or the authorisation is given, in respect of the investigation of a relevant offence--give details of the benefit to the investigation of the accessed data and of the general use made, or to be made, of any evidence or information obtained by the access to data; and
(vii) if the warrant is issued, or the authorisation is given, in respect of the location and safe recovery of a child to whom a recovery order relates--give details of the use of the accessed data in assisting with the location and safe recovery of the child; and
(viii) if the warrant is issued, or the authorisation is given, for the purposes of an integrity operation--give details of the benefit to the operation of the accessed data and of the general use made, or to be made, of any evidence or information obtained by the access to data; and
(ix) if the warrant is a Part 5.3 warrant --give the details specified in subsection (2C); and
(ixa) if the warrant is a Part 9.10 warrant --give the details specified in subsection (2CA); and
(x) give details of the communication of evidence or information obtained by access to data held in the computer to persons other than officers of the agency; and
(xi) give details of the compliance with the conditions (if any) to which the warrant or authorisation was subject; and
(c) if the warrant or authorisation was extended or varied, state:
(i) the number of extensions or variations; and
(2C) For the purposes of subparagraph (2B)(b)(ix), the details are:
(aa) if the warrant was issued to determine whether to apply for a post - sentence order--the benefit of obtaining access to data held in the computer in determining whether to make the application; and
(a) if the warrant was issued on the basis of a Part 5.3 supervisory order that is or was in force in relation to a person--the benefit of obtaining access to data held in the computer in:
(i) achieving a Part 5.3 object; or
(ii) determining whether the Part 5.3 supervisory order has been, or is being, complied with; and
(b) the general use to be made of any evidence or information obtained by access to data held in the computer.
(2CA) For the purposes of subparagraph (2B)(b)(ixa), the details are:
(a) if the warrant was issued to determine whether to apply for a Part 9.10 order--the benefit of obtaining access to data held in the computer in determining whether to make the application; and
(b) if the warrant was issued on the basis of a community safety supervision order that is or was in force in relation to a person--the benefit of obtaining access to data held in the computer in:
(i) achieving a Part 9.10 object; or
(ii) determining whether the community safety supervision order has been, or is being, complied with; and
(c) the general use to be made of any evidence or information obtained by access to data held in the computer.
(a) a data disruption warrant for disruption of data held in a computer; or
(b) an emergency authorisation for disruption of data held in a computer;
the report must:
(c) state whether the warrant or authorisation was executed; and
(i) state the name of the person primarily responsible for the execution of the warrant or authorisation; and
(ii) state the name of each person involved in accessing or disrupting data under the warrant or authorisation; and
(iii) state the period during which the data was accessed or disrupted; and
(iv) state the name, if known, of any person whose data was accessed or disrupted; and
(v) give details of any premises at which the computer was located; and
(vi) give details of the benefit of the use of the warrant or authorisation in frustrating criminal activity; and
(vii) give details of the access to, and disruption of, data under the warrant or authorisation; and
(viii) give details of the compliance with the conditions (if any) to which the warrant or authorisation was subject; and
(e) if the warrant or authorisation was extended or varied, state:
(i) the number of extensions or variations; and
(2E) In the case of a network activity warrant for access to data held in a computer, the report must:
(a) state whether the warrant was executed; and
(i) state the name of the person primarily responsible for the execution of the warrant; and
(ii) state the name of each person involved in accessing data under the warrant; and
(iii) state the period during which the data was accessed; and
(iv) state the name, if known, of any person whose data was accessed; and
(v) give details of any premises, if known, at which the computer was located; and
(vi) give details of any use of a surveillance device under the warrant; and
(vii) give details of the extent to which the execution of the warrant has contributed to the prevention, detection or frustration of one or more kinds of relevant offences; and
(viii) give details of the extent to which the execution of the warrant has assisted the agency in carrying out its functions; and
(ix) give details of the communication of information obtained by accessing data under the warrant to persons other than officers of the agency; and
(x) give details of the compliance with the conditions (if any) to which the warrant was subject; and
(xi) give details of the information that was obtained from access to data under the warrant; and
(xii) give details of how the information that was obtained under the warrant was used; and
(xiii) give details of whether the information that was obtained under the warrant was destroyed or retained under section 46AA; and
(xiv) give details of any premises accessed, telecommunications intercepted or computers removed from premises under the warrant; and
(xv) give details of any activities undertaken under subsection 27KP(8) in relation to the warrant; and
(xvi) give details of any assistance orders made under subsection 64A(6A) in relation to the warrant; and
(c) if the warrant was extended or varied, state:
(i) the number of extensions or variations; and
(3) In the case of a retrieval warrant, the report must:
(a) give details of any premises entered, anything opened and any object removed and replaced under the warrant; and
(b) state whether the surveillance device was retrieved under the warrant; and
(c) if the device was not retrieved, state the reason why; and
(d) give details of the compliance with the conditions (if any)
to which the warrant was subject.