SURVEILLANCE DEVICES ACT 2004 - SECT 50A Deferral of inclusion of information in annual report
SURVEILLANCE DEVICES ACT 2004 - SECT 50A
Deferral of inclusion of information in annual report(1) This section applies to information in a report submitted to the Minister under subsection 50(1) by the chief officer of a law enforcement agency.
(2) If the chief officer is satisfied that the information is Part 5.3 information or Part 9.10 information, the chief officer must advise the Minister in writing to exclude the information from the report before tabling it in Parliament under subsection 50(4).
(3) If the Minister is satisfied, on the advice of the chief officer, that the information is Part 5.3 information or Part 9.10 information, the Minister must:
(a) notify the chief officer in writing; and
(b) exclude the information from the report before tabling it in Parliament.
Inclusion of information in subsequent report
(a) because of subsection (3), the information has not been included in a report tabled in Parliament; and
(b) the chief officer submits a report (the later report ) to the Minister under subsection 50(1);
the chief officer must, before the Minister tables the later report:
(c) reconsider whether the information is Part 5.3 information or Part 9.10 information; and
(d) if the chief officer is satisfied that the information is not Part 5.3 information or Part 9.10 information--advise the Minister in writing to include the information in the later report before tabling it in Parliament.
(5) If the Minister is satisfied, on the advice of the chief officer, that the information is not Part 5.3 information or Part 9.10 information, the Minister must:
(a) notify the chief officer in writing; and
(b) include the information in the later report before tabling it in Parliament.
"Part 5.3 information" means information that, if made public, could reasonably be expected to enable a reasonable person to conclude that:
(a) a surveillance device warrant issued in response to an application under subsection 14(3BA) or (3C) authorising:
(i) the use of a surveillance device on particular premises; or
(ii) the use of a surveillance device in or on a particular object or class of object; or
(iii) the use of a surveillance device in respect of the conversations, activities or location of a particular person;
is likely to be, or is not likely to be, in force; or
(b) a computer access warrant issued in response to an application under subsection 27A(5A) or (6) authorising:
(i) access to data held in a particular computer; or
(ii) access to data held in a computer on particular premises; or
(iii) access to data held in a computer associated with, used by or likely to be used by, a particular person;
is likely to be, or is not likely to be, in force.
"Part 9.10 information" means information that, if made public, could reasonably be expected to enable a reasonable person to conclude that:
(a) a surveillance device warrant issued in response to an application under subsection 14(3D) or (3E) authorising:
(i) the use of a surveillance device on particular premises; or
(ii) the use of a surveillance device in or on a particular object or class of object; or
(iii) the use of a surveillance device in respect of the conversations, activities or location of a particular person;
is likely to be, or is not likely to be, in force; or
(b) a computer access warrant issued in response to an application under subsection 27A(5B) or (6A) authorising:
(i) access to data held in a particular computer; or
(ii) access to data held in a computer on particular premises; or
(iii) access to data held in a computer associated with, used by or likely to be used by, a particular person;
is likely to be, or is not likely to be, in force.