Victorian Consolidated Legislation

SURVEILLANCE DEVICES ACT 1999

No. 21 of 1999
Version incorporating amendments as at 3 September 2009

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purposes
   2.      Commencement
   3.      Definitions
   4.      Act binds the Crown
   5.      Act not to apply to certain Commonwealth agents
   5A.     Application of Act

   PART 2-REGULATION OF INSTALLATION, USE AND MAINTENANCE OF SURVEILLANCE DEVICES

   6.      Regulation of installation, use and maintenance of listening devices
   7.      Regulation of installation, use and maintenance of optical surveillance devices
   8.      Regulation of installation, use and maintenance of tracking devices
   9.      Regulation of installation, use and maintenance of data surveillance devices by law enforcement officers

   PART 2A-WORKPLACE PRIVACY

   9A.     Definitions
   9B.     Prohibition on certain uses of optical surveillance devices or listening devices
   9C.     Prohibition on communication or publication of activities or conversations permitted to be observed etc.
   9D.     Offences by unincorporated bodies or firms
   10.     Repealed

   PART 3-RESTRICTION ON COMMUNICATION AND PUBLICATION OF PRIVATE CONVERSATIONS AND ACTIVITIES

   11.     Prohibition on communication or publication of private conversations or activities
   12.     Communication and publication of information from the use
           of a data surveillance device

   PART 4-AUTHORISATIONS FOR THE USE OF SURVEILLANCE DEVICES

           Division 1-Warrants
           Subdivision 1-Introduction

   13.     Types of warrant
   14.     Who may issue warrants?
           Subdivision 2-Surveillance device warrants
   15.     Application for surveillance device warrant
   16.     Remote application
   17.     Determining the application
   18.     What must a surveillance device warrant contain?
   19.     What a surveillance device warrant authorises
   20.     Extension and variation of surveillance device warrant
   20A.    Revocation of surveillance device warrant
   20B.    Discontinuance of use of surveillance device under warrant
           Subdivision 3-Retrieval warrants
   20C.    Application for retrieval warrant
   20D.    Remote application
   20E.    Determining the application
   20F.    What must a retrieval warrant contain?
   20G.    What a retrieval warrant authorises
   20H.    Revocation of retrieval warrant

           Division 2-Assistance orders

   21.     Application for assistance order
   22.     Assistance order
   23.     Failure to comply with assistance order
   24.     Existence and operation of assistance order not to be disclosed

           Division 3-Emergency authorisations

   25.     Application of Division
   26.     Emergency authorisation-risk of serious personal violence or substantial property damage
   27.     Emergency authorisation-serious drug offences
   28.     Application for approval after use of surveillance device under emergency authorisation
   29.     Consideration of application
   30.     Judge may approve emergency use of powers
   30A.    Admissibility of evidence

   PART 4A-RECOGNITION OF CORRESPONDING
   WARRANTS AND AUTHORISATIONS

   30B.    Corresponding warrants
   30C.    Corresponding emergency authorisations

   PART 5-COMPLIANCE AND MONITORING

           Division 1-Restrictions on use, communication and publication
           of information

   30D.    What is protected information?
   30E.    Prohibition on use, communication or publication of protected information
   30F.    Permitted use of local protected information
   30G.    Permitted use of corresponding protected information
   30H.    Dealing with records obtained by use of surveillance devices
   30I.    Protection of surveillance device technologies and methods
   30J.    Protected information in the custody of a court

           Division 2-Reporting and record-keeping

   30K.    Report to judge or magistrate
   30L.    Annual reports
   30M.    Keeping documents connected with warrants and emergency authorisations
   30N.    Other records to be kept
   30O.    Register of warrants and emergency authorisations

           Division 3-Inspections

   30P.    Inspection of records by Special Investigations Monitor
   30Q.    Reports on investigations by Special Investigations Monitor
   30R.    Commonwealth Ombudsman's reports on investigations

           Division 4-Further offences and enforcement

   31.     Unlawful interference with surveillance devices
   32.     Offences by persons involved in management of bodies
           corporate
   33.     Search warrant
   34.     Announcement before entry
   35.     Copy of warrant to be given to occupier or person searched
   35A.    Copy of warrant to be given to person in charge of vehicle or person searched

   PART 6-MISCELLANEOUS

   36.     Evidentiary certificates
   37.     Repealed
   37A.    Regulations

   PART 7-REPEALS, TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS

           38-40. Repealed
   41.     Transitional provision-annual reports
   42.     Transitional provisions-Surveillance Devices (Amendment) Act 2004.
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details