SURVEILLANCE DEVICES ACT 2004 NO. 152, 2004
Table of Provisions
PART 1--PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Purposes
- 4 Relationship to other laws and matters
- 5 Schedule(s)
- 6 Definitions
- 7 State offence that has a federal aspect
- 8 External Territories
- 9 Binding the Crown
PART 2--WARRANTS
Division 1--Introduction
- 10 Types of warrant
- 11 Who may issue warrants?
- 12 Eligible Judges
- 13 Nominated AAT members
Division 2--Surveillance device warrants
- 14 Application for surveillance device warrant
- 15 Remote application
- 16 Determining the application
- 17 What must a surveillance device warrant contain?
- 18 What a surveillance device warrant authorises
- 19 Extension and variation of surveillance device warrant
- 20 Revocation of surveillance device warrant
- 21 Discontinuance of use of surveillance device under warrant
Division 3--Retrieval warrants
- 22 Application for retrieval warrant
- 23 Remote application
- 24 Determining the application
- 25 What must a retrieval warrant contain?
- 26 What a retrieval warrant authorises
- 27 Revocation of retrieval warrant
PART 3--EMERGENCY AUTHORISATIONS
- 28 Emergency authorisation—serious risks to person or property
- 29 Emergency authorisation—urgent circumstances relating to recovery order
- 30 Emergency authorisation—risk of loss of evidence
- 31 Record of emergency authorisations to be made
- 32 Attributes of emergency authorisations
- 33 Application for approval of emergency authorisation
- 34 Consideration of application
- 35 Judge or nominated AAT member may approve giving of emergency authorisations
- 36 Admissibility of evidence
PART 4--USE OF CERTAIN SURVEILLANCE DEVICES WITHOUT WARRANT
- 37 Use of optical surveillance devices without warrant
- 38 Use of surveillance devices without warrant for listening to or recording words in limited circumstances
- 39 Use and retrieval of tracking devices without warrant in certain circumstances
- 40 Record of tracking device authorisations to be kept
PART 5--EXTRATERRITORIAL OPERATION OF WARRANTS
- 41 Definitions
- 42 Extraterritorial operation of warrants
- 43 Evidence obtained from extraterritorial surveillance not to be tendered in evidence unless court satisfied properly obtained
PART 6--COMPLIANCE AND MONITORING
Division 1--Restrictions on use, communication and publication of information
- 44 What is protected information?
- 45 Prohibition on use, recording, communication or publication of protected information or its admission in evidence
- 46 Dealing with records obtained by use of surveillance devices
- 47 Protection of surveillance device technologies and methods
- 48 Protected information in the custody of a court, tribunal or Royal Commission
Division 2--Reporting and record-keeping
- 49 Report on each warrant or authorisation
- 50 Annual reports
- 51 Keeping documents connected with warrants, emergency authorisations and tracking device authorisations
- 52 Other records to be kept
- 53 Register of warrants, emergency authorisations and tracking device authorisations
Division 3--Inspections
- 54 Appointment of inspecting officers
- 55 Inspection of records
- 56 Power to obtain relevant information
- 57 Ombudsman to be given information and access despite other laws
- 58 Exchange of information between Ombudsman and State inspecting authorities
- 59 Delegation by Ombudsman
- 60 Ombudsman not to be sued
- 61 Report on inspection
Division 4--General
- 62 Evidentiary certificates