Victorian Consolidated Legislation

Surveillance Devices Act 1999 - SECT 30I

Protection of surveillance device technologies and methods

30I. Protection of surveillance device technologies and methods



(1) In any proceeding, a person may object to the disclosure of information on
the ground that the information, if disclosed, could reasonably be expected to
reveal details of surveillance device technology or methods of installation,
use or retrieval of surveillance devices.





(2) If the person conducting or presiding over the proceeding is satisfied
that the ground of objection is made out, he or she may order that the person
who has the information not be required to disclose it in the proceeding.

(3) In determining whether or not to make an order under subsection (2), the
person conducting or presiding over the proceeding must take into account
whether disclosure of the information-

   (a)  is necessary for the fair trial of the defendant; or

   (b)  is in the public interest.

(4) Subsection (2) does not affect a provision of another law under which a
law enforcement officer cannot be compelled to disclose information or make
statements in relation to the information.

(5) If the person conducting or presiding over a proceeding is satisfied that
publication of any information disclosed in the proceeding could reasonably be
expected to reveal details of surveillance device technology or methods of
installation, use or retrieval of surveillance devices, the person must make
any orders prohibiting or restricting publication of the information that he
or she considers necessary to ensure that those details are not revealed.

(6) Subsection (5) does not apply to the extent that the person conducting or
presiding over the proceeding considers that the interests of justice require
otherwise.

(7) In this section-

proceeding includes a proceeding before a court, tribunal, Royal Commission or
a board to which Division 5 of Part I of the Evidence Act 1958 applies.