SURVEILLANCE DEVICES ACT 2007 (NO 19 OF 2007) - SECT 58 Report to Judge or magistrate

SURVEILLANCE DEVICES ACT 2007 (NO 19 OF 2007) - SECT 58

    (1)     A law enforcement officer to whom a warrant is issued, or who is primarily responsible for executing a warrant issued, under this Act must, within the time stated in the warrant, make a report under this section to the Judge or magistrate who issued the warrant.

    (2)     For a surveillance device warrant, the report must:

    (a)     state whether the warrant was executed; and

    (b)     if the warrant was executed:

        (i)     state the kind of surveillance device used; and

        (ii)     state the period during which the device was used; and

        (iii)     state the name, if known, of any person whose conversations or activities were overheard, listened to, monitored, recorded or observed by the use of the device; and

        (iv)     state the name, if known, of any person whose geographical location was determined by the use of the device; and

        (v)     give details of any place on which the device was installed or used; and

        (vi)     give details of anything on which the device was installed or any place where the thing was located when the device was installed; and

        (vii)     give details of the benefit to the investigation of the use of the device and of the general use made or to be made of any evidence or information obtained by the use of the device; and

        (viii)     give details of the compliance with the conditions (if any) to which the warrant was subject; and

    (c)     if the warrant was extended or varied, state:

        (i)     the number of extensions or variations; and

        (ii)     the reasons for the extensions or variations.

    (3)     For a retrieval warrant, the report must:

    (a)     give details of any place entered, anything opened and anything removed and replaced under the warrant; and

    (b)     state whether the surveillance device was retrieved under the warrant; and

    (c)     if the device was not retrieved, state the reason why; and

    (d)     give details of the compliance with the conditions (if any) to which the warrant was subject.

    (4)     On receiving the report, the Judge or magistrate may order that any information obtained from or relating to the execution of the warrant, or any record of the information, be dealt with in the way stated in the order.