Victorian Consolidated Legislation

Surveillance Devices Act 1999 - SECT 30G

Permitted use of corresponding protected information

30G. Permitted use of corresponding protected information



(1) Corresponding 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 a relevant offence within the meaning of this Act
        or a relevant offence within the meaning of a corresponding law;

   (b)  the making of a decision whether or not to bring-

   (i)  a relevant proceeding in respect of a relevant offence; or

   (ii) a relevant proceeding within the meaning of a corresponding law in
        respect of a relevant offence within the meaning of that law;

   (c)  a relevant proceeding in respect of a relevant offence, or a relevant
        proceeding within the meaning of a corresponding law in respect of a
        relevant offence within the meaning of that law;

   (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 (within the meaning of a corresponding law) in accordance with
        the obligations imposed by provisions of the corresponding law that
        correspond to Division 2;

   (g)  an inspection 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 a corresponding emergency
authorisation unless the use of powers under that authorisation has been
approved under the provisions of a corresponding law that correspond to
section 30.

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

(4) In this section-

corresponding protected information means-

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

   (b)  any information relating to-

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

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