South Australian Consolidated Acts

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TELECOMMUNICATIONS (INTERCEPTION) ACT 1988 - SECT 7

7—Restricted records

The Commissioner

            (a)         must keep any restricted record (whether made before or after the commencement of section 35 of the Commonwealth Act) that is in the possession of the police force in a secure place (except while it is being dealt with in accordance with this Act or the Commonwealth Act), being a place that is not accessible to persons other than those who are entitled to deal with it; and

            (b)         must forthwith destroy any such restricted record if the Commissioner is satisfied that the record is not likely to be required for a purpose connected with—

                  (i)         an investigation by the police force into the commission, or likely commission, of a prescribed offence; or

                  (ii)         the making of a decision by an authority, body or person as to whether or not to initiate a relevant proceeding; or

                  (iii)         a relevant proceeding; or

                  (iv)         the exercise by the Commissioner of the powers conferred by section 68 of the Commonwealth Act; or

                  (v)         an investigation of, or an inquiry into, alleged misbehaviour or alleged improper conduct of an officer of the State, being an investigation or inquiry under the law of the State or conducted by a member of the police force; or

                  (vi)         a report on such an investigation or inquiry; or

                  (vii)         the tendering of advice to the Governor to terminate, because of misbehaviour or improper conduct, the appointment of an officer of the State; or

                  (viii)         deliberations of the Executive Council of the State in connection with advice to the Governor to terminate, because of misbehaviour or improper conduct, the appointment of an officer of the State.



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