• Specific Year
    Any

LISTENING DEVICES ACT 1984 - SECT 20 Requirement to inform subject of surveillance

This legislation has been repealed.

LISTENING DEVICES ACT 1984 - SECT 20

Requirement to inform subject of surveillance

20 Requirement to inform subject of surveillance

(1) Where, pursuant to a warrant granted under this Part, a listening device has been used to record or listen to the private conversation of a person, an eligible Judge may direct the person authorised to use the device to supply to that person, within a period specified by the eligible Judge, such information regarding the warrant and the use of the device as the eligible Judge may specify.
(2) An eligible Judge shall not give a direction under subsection (1) unless the eligible Judge is satisfied that, having regard to the evidence or information obtained by the use of the listening device and to any other relevant matter, the use of the listening device was not justified and was an unnecessary interference with the privacy of the person concerned.
(3) Before giving a direction under subsection (1), the eligible Judge shall give the person to whom the warrant was granted an opportunity to be heard in relation to the matter.
(4) A person to whom a direction is given under subsection (1) shall comply with the direction.
Maximum penalty: 20 penalty units or imprisonment for a term of 12 months, or both.