South Australian Consolidated Acts South Australian Consolidated Acts8—Possession etc of declared listening device
(1) The Minister may
by notice published in the Gazette declare that this section applies to a
listening device or a listening device of a class or kind specified in that
notice and the Minister may by a notice published in a like manner revoke or
amend any such declaration.
(2) A person must not
without the consent of the Minister have in his or her possession, custody or
control any declared listening device.
Maximum penalty: $10 000 or imprisonment for 2 years.
(3) The consent of the
Minister under subsection (2)—
(a) may
be expressed to relate to the possession, custody or control of a listening
device or to any listening device of a class or kind; and
(ab) may
be expressed to apply to persons of a specified class; and
(b) may
be expressed to be subject to such conditions, limitations or restrictions as
the Minister considers necessary or expedient.
(4) The Minister may
at any time revoke a consent given under this section and, on revocation, the
consent ceases to have effect.
(5) For the purposes
of this section, having the possession, custody or control of any listening
device in contravention of a condition, limitation or restriction imposed by
the Minister will be taken to be having the possession, custody or control of
that device without the consent of the Minister.
(6) The Minister may
delegate any of his or her powers under this section to a Chief Executive
(within the meaning of the Public Sector Management Act 1995 ).
(7) A delegation under
this section—
(a) must
be in writing; and
(b) may
be conditional or unconditional; and
(c) is
revocable at will; and
(d) does
not prevent the delegator from acting in any manner.