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SURVEILLANCE DEVICES ACT 2007 - SECT 55 Dealing with records obtained by use of surveillance devices

SURVEILLANCE DEVICES ACT 2007 - SECT 55

Dealing with records obtained by use of surveillance devices

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

        (a)     a 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 is kept in a secure place that is not accessible to people who are not entitled to deal with the record or report; and

        (b)     a record or report mentioned in paragraph (a) is destroyed, if satisfied it is not likely to be required in relation to a purpose mentioned in section 52(3), 53(1) or 54(1).

    (1A)     The ICAC must ensure:

        (a)     a record or report obtained by the use of a surveillance device by an ICAC officer under a warrant or a corresponding warrant is kept in a secure place that is not accessible to people who are not entitled to deal with the record or report; and

        (b)     a record or report mentioned in paragraph (a) is destroyed, if satisfied it is not likely to be required in relation to a purpose mentioned in section 52(3), 53(1) or 54(1).

    (2)     Subsections (1) and (1A) do not apply to a record or report received in evidence in a legal or disciplinary proceeding.