SURVEILLANCE DEVICES ACT 2007 - SECT 56 Protection of surveillance device technologies and methods
SURVEILLANCE DEVICES ACT 2007 - SECT 56
Protection of surveillance device technologies and methods(1) In any proceeding, a person may object to the disclosure of information on the ground 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 (the presiding officer ) is satisfied the ground of objection is made out, the presiding officer may order the person who has the information not be required to disclose it in the proceeding.
(3) In deciding whether or not to make the order, the presiding officer must take into account whether disclosure of the information:
(a) is necessary for the fair trial of the defendant; or
(b) is in the public interest.
(4) Subsection (2) does not affect a provision of another law under which a law enforcement officer or an ICAC officer cannot be compelled to disclose information or make statements in relation to the information.
(5) If the presiding officer is satisfied 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 presiding officer must make the orders prohibiting or restricting publication of the information the presiding officer considers necessary to ensure the details are not revealed.
(6) Subsection (5) does not apply to the extent the presiding officer considers the interests of justice require otherwise.
(7) In this section:
"proceeding" includes:
(a) a proceeding before:
(i) a court or tribunal; and
(ii) a board of inquiry under the Inquiries Act 1945 ; and
(b) an examination as defined in section 4 of the ICAC Act; and
(c) a public inquiry as defined in section 4 of the ICAC Act.