Victorian Consolidated Legislation

Surveillance Devices Act 1999 - SECT 30F

Permitted use of local protected information

30F. Permitted use of local protected information



(1) Local protected information may be used, communicated or published if it
is necessary to do so for any of the following purposes-

   (a)  the investigation of an offence;

   (b)  the making of a decision whether or not to bring a relevant proceeding
        in respect of an offence;

   (c)  a relevant proceeding in respect of an offence;

   (d)  an investigation of a complaint against, or the conduct of, a public
        officer within the meaning of this Act or a public officer within the
        meaning of a corresponding law;

   (e)  the making of a decision in relation to the appointment,
        re-appointment, term of appointment, termination or retirement of a
        person referred to in paragraph (d);

   (f)  the keeping of records and the making of reports by a law enforcement
        agency in accordance with the obligations imposed by Division 2;

   (g)  an inspection by the Special Investigations Monitor under section 30P;

   (ga) an inspection by the Commonwealth Ombudsman under a provision of a
        corresponding law that corresponds to section 30P;

   (h)  an investigation under the Information Privacy Act 2000 or the law of
        a participating jurisdiction or of the Commonwealth concerning the
        privacy of personal information.

(2) Subsection (1)(a), (b) and (c) do not authorise the use, communication or
publication of protected information in respect of an emergency authorisation
unless the use of powers under that authorisation has been approved under
section 30.

(3) A reference in subsection (1) to an offence (whether of this jurisdiction
or any other jurisdiction) is a reference to any offence, whether or not the
offence in respect of which the relevant warrant or emergency authorisation
was issued or given.

(4) In this section-

local protected information means-

   (a)  any information obtained from the use of a surveillance device under a
        warrant or emergency authorisation; or

   (b)  any information relating to-

   (i)  an application for, issue of, existence of or expiry of a warrant or
        emergency authorisation; or

   (ii) an application for approval of powers exercised under an emergency
        authorisation.