SURVEILLANCE DEVICES ACT 1999 - SECT 30I Protection of surveillance device technologies and methods

SURVEILLANCE DEVICES ACT 1999 - SECT 30I

    (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—

S. 30I(3)(a) amended by No. 68/2009 s. 97(Sch. item 117.1).

        (a)     is necessary for the fair trial of the accused; 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—

S. 30I(7) def. of proceeding amended by No. 69/2009 s. 54(Sch. Pt 2 item 49), substituted by No. 67/2014 s. 147(Sch. 2 item 34).

"proceeding" includes—

        (a)     a proceeding before a court or tribunal; and

        (b)     a proceeding of a Royal Commission, whether established under the Inquiries Act 2014 or under the prerogative of the Crown; and

        (c)     a proceeding of a Board of Inquiry or Formal Review established under the Inquiries Act 2014 ; and

        (d)     a proceeding before a person or body to which Division 5 of Part I of the Evidence (Miscellaneous Provisions) Act 1958 , as in force immediately before the repeal of that Division, applies.

S. 30J inserted by No. 26/2004 s. 13.