SURVEILLANCE DEVICES ACT 2007
Table of Provisions
PART 1--INTRODUCTION
Division 1-- Preliminary matters
- 1 Short title
- 2 Commencement
- 3 Purpose
Division 2--Interpretation
- 4 Definitions
- 5 Law enforcement officer or ICAC officer primarily responsible for warrant
- 6 Cross-border investigations taken to be carried out in this jurisdiction
- 7 Application of Criminal Code
Division 3--Application of Act
- 8 Act binds Crown
- 9 Act does not apply to certain Commonwealth agents
- 10 Act does not limit court discretion
PART 2--REGULATION OF INSTALLATION, USE AND MAINTENANCE OF SURVEILLANCE DEVICES
- 11 Installation, use and maintenance of listening devices
- 12 Installation, use and maintenance of optical surveillance devices
- 13 Installation, use and maintenance of tracking devices
- 14 Installation, use and maintenance of data surveillance devices by law enforcement officers or ICAC officers
- 14A Police use of body-worn video
PART 3--RESTRICTION ON COMMUNICATION AND PUBLICATION OF PRIVATE CONVERSATIONS AND ACTIVITIES
- 15 Communication and publication of private conversations and activities
- 16 Communication and publication of information from use of data surveillance device
PART 4--WARRANTS FOR USE OF SURVEILLANCE DEVICES
Division 1--Introduction
- 17 Types of warrant
- 18 Who may issue warrant
Division 2--Surveillance device warrants
- 19 Application for surveillance device warrant
- 20 Remote application
- 21 Deciding application
- 22 What surveillance device warrant must contain
- 23 What surveillance device warrant authorises
- 24 Extension and variation of warrant
- 25 Revocation of warrant
- 26 Discontinuing use of surveillance device under warrant – law enforcement agency
- 26A Discontinuing use of surveillance device under warrant – ICAC
Division 3--Retrieval warrants
- 27 Application for retrieval warrant
- 28 Remote application
- 29 Deciding application
- 30 What retrieval warrant must contain
- 31 What retrieval warrant authorises
- 32 Revocation of retrieval warrant
PART 5--EMERGENCY AUTHORISATIONS
- 33 When application may be made for emergency authorisation
- 34 How application is made
- 35 When authorisation may be given
- 36 Effect of authorisation
- 37 Application for approval after use of surveillance device under emergency authorisation
- 38 Consideration of application
- 39 Supreme Court Judge may approve emergency use of powers
- 40 Admissibility of evidence
PART 6--EMERGENCY USE OF LISTENING AND OPTICAL SURVEILLANCE DEVICES IN PUBLIC INTEREST
Division 1--Preliminary matters
- 41 Definition
- 42 Unlawful acts
Division 2--Emergency use of listening and optical surveillance devices in public interest
- 43 Emergency use of listening device in public interest
- 44 Emergency use of optical surveillance device in public interest
- 45 Report to Supreme Court Judge
Division 3--Publication and communication of information
- 46 Order allowing publication or communication in public interest
- 47 Application for publication order
- 48 Confidentiality
PART 7--RECOGNITION OF CORRESPONDING WARRANTS AND AUTHORISATIONS
- 49 Corresponding warrants
- 50 Corresponding emergency authorisations
PART 8--COMPLIANCE AND MONITORING
Division 1--Restrictions on use, communication and publication of information
- 51 Protected information
- 52 Prohibition on use, communication or publication of protected information
- 53 Permitted use of local protected information
- 54 Permitted use of corresponding protected information
- 55 Dealing with records obtained by use of surveillance devices
- 56 Protection of surveillance device technologies and methods
- 57 Protected information in custody of court
Division 2--Reporting and record-keeping
- 58 Report to Judge
- 59 Annual reports
- 60 Keeping documents for warrants and emergency authorisations
- 61 Other records to be kept
- 62 Register of warrants and emergency authorisations
Division 3--Inspections
- 63 Inspection of law enforcement agency records by Ombudsman
- 64 Ombudsman's reports on investigations
- 64A Inspection of lCAC records by Inspector
- 64B Inspector's reports on investigations
- 65 Commonwealth Ombudsman's reports on investigations
PART 9--FURTHER OFFENCES, ENFORCEMENT AND LEGAL PROCEEDINGS
Division 1--Offences
- 66 Possession of surveillance device for unlawful use
- 67 Damaging etc. surveillance device
Division 2--Search and seizure of surveillance devices
- 68 Power to search and seize
- 69 Retention of seized device
Division 3--Legal proceedings
- 70 Admissibility in criminal proceeding of information inadvertently obtained
- 71 Evidentiary certificates
- 72 Criminal liability of executive officer of body corporate – evidential burden of proof on defence
- 73 Forfeiture orders
PART 10--MISCELLANEOUS MATTERS
- 74 Authorised persons
- 75 Acquisition on just terms
- 76 Protection from liability
- 77 Regulations
PART 11--REPEALS AND TRANSITIONAL MATTERS
- 78 Repeal
- 79 Definitions
- 80 Undecided applications relating to warrants
- 81 Warrants
- 82 Urgent authorisations
- 83 Information, records and reports obtained under repealed Act
Division 2--Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015
- 84 Offences – before and after commencement
ENDNOTES