South Australian Consolidated Acts

LISTENING AND SURVEILLANCE DEVICES ACT 1972 - SECT 9

9—Power to seize listening devices etc

        (1)         If—

            (a)         a member of the police force; or

            (b)         a member of the Board of the ACC; or

            (c)         a member of the staff of the ACC who is a member of the Australian Federal Police or of the police force of a State or a Territory of the Commonwealth,

suspects on reasonable grounds that—

            (d)         a person has possession, custody or control of a declared listening device without the consent of the Minister; or

            (e)         any other offence against this Act has been, is being or is about to be committed with respect to a listening device or information derived from the use of a listening device,

the member may seize the device or a record of the information.

        (2)         A member referred to in subsection (1) may—

            (a)         break into, enter and search any premises in which the member suspects on reasonable grounds there is a device or record liable to seizure under this section; and

            (b)         stop, detain and search, or detain and search, any vehicle that the member suspects on reasonable grounds contains a device or record liable to seizure under this section; and

            (c)         detain and search any person who the member suspects on reasonable grounds has possession of a device or record liable to seizure under this section.

        (3)         If a device or record has been seized under this section, the device or record must, subject to any order of a court, be returned to its owner—

            (a)         if no proceedings are instituted for an offence against this Act involving the device or record of information—at the expiration of two months from the date of seizure;

            (b)         if such proceedings are instituted—when those proceedings are finally determined.