New South Wales Consolidated Acts

SURVEILLANCE DEVICES ACT 2007 - SECT 41

41 Dealing with records obtained by use of surveillance devices

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

(a) must ensure that every record or report obtained by the use of a surveillance device by a law enforcement officer of the agency under a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation or without a warrant in an emergency, is kept, in accordance with guidelines established by the chief officer, in a secure place that is not accessible to people who are not entitled to deal with the record or report, and

(b) must destroy or cause to be destroyed any record or report referred to in paragraph (a) if he or she is satisfied that it is not likely to be required in connection with a purpose referred to in section 40 (4) or (5).

(2) Subsection (1) does not apply to a record or report that is received into evidence in legal proceedings or disciplinary proceedings.