Victorian Consolidated Legislation

Surveillance Devices Act 1999 - SECT 24

Existence and operation of assistance order not to be disclosed

24. Existence and operation of assistance order not to be disclosed



(1) A person who is, or has been, the subject of an assistance order must not
knowingly disclose the existence or operation of the order to any person
except-

   (a)  a person who is or was authorised to use a surveillance device under
        the relevant warrant; or

   (b)  another person for the purpose of ensuring that the order is complied
        with; or

   (c)  an Australian lawyer (within the meaning of the
        Legal Profession Act 2004) acting for the person, for the purpose of
        obtaining legal advice or representation in relation to the order.

Penalty: Level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty
units maximum) or both.

(2) A person to whom the existence or operation of an assistance order is
disclosed in accordance with subsection (1) must not knowingly disclose the
existence or operation of the order to any person except-

   (a)  in the case of a person referred to in subsection (1)(a)-in the
        performance of his or her duty; or

   (b)  in the case of a person referred to in subsection (1)(b)-for the
        purpose of ensuring that the order is complied with; or





   (c)  in the case of a person referred to in subsection (1)(c)-for the
        purpose of giving legal advice or providing representation in relation
        to the order.

Penalty: Level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty
units maximum) or both.

(3) Nothing in subsection (2) prevents the disclosure by a person referred to
in subsection (1)(a) or (b) of the existence or operation of an assistance
order in the course of legal proceedings or disciplinary proceedings.

(4) A person referred to in subsection (1)(a) or (b) must not be required to
disclose to any court the existence or operation of an assistance order.

(5) A reference in this section to disclosing the existence or operation of an
assistance order to a person includes a reference to disclosing information to
the person from which the person could reasonably be expected to infer the
existence or operation of the assistance order.

Division 3-Emergency authorisations