New South Wales Consolidated Acts

SURVEILLANCE DEVICES ACT 2007 - SECT 42

42 Protection of surveillance device technologies and methods

(1) In any proceeding, a person may object to the disclosure of information on the ground that the information, if disclosed, could reasonably be expected to reveal details of surveillance device technology or methods of installation, use or retrieval of surveillance devices.

(2) If the person conducting or presiding over the proceeding is satisfied that the ground of objection is made out, he or she may order that the person who has the information not be required to disclose it in the proceeding.

(3) In determining whether or not to make an order under subsection (2), the person conducting or presiding over the proceeding must take into account whether disclosure of the information:

(a) is necessary for the fair trial of the defendant or to ensure procedural fairness in any disciplinary or civil proceeding, or

(b) is in the public interest.

(4) Subsection (2) does not affect a provision of another law under which a law enforcement officer cannot be compelled to disclose information or make statements in relation to the information.

(5) If the person conducting or presiding over a proceeding is satisfied that publication of any information disclosed in the proceeding could reasonably be expected to reveal details of surveillance device technology or methods of installation, use or retrieval of surveillance devices, the person must make any orders prohibiting or restricting publication of the information that he or she considers necessary to ensure that those details are not revealed.

(6) Subsection (5) does not apply to the extent that the person conducting or presiding over the proceeding considers that the interests of justice require otherwise.

(7) In this section:
"proceeding" includes:

(a) a proceeding before a court, tribunal, Royal Commission or special commission of inquiry, or

(b) a proceeding before any other body or authority having power by law to require the production of documents or the answering of questions.