Northern Territory Consolidated Acts

SURVEILLANCE DEVICES ACT 2007

TABLE OF PROVISIONS

           Long Title

           Part 1 Introduction
           Division 1 Preliminary matters
   1.      Short title
   2.      Commencement
   3.      Purpose
           Division 2 Interpretation
   4.      Definitions
   5.      Law enforcement officer primarily responsible for warrant
   6.      Cross-border investigations taken to be carried out in this jurisdiction
   7.      Declared offences for 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
           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
           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.     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 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 or magistrate
   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 records by Ombudsman
   64.     Ombudsman'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.     Liability of executive officers of body corporate
   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
           ENDNOTES