Victorian Consolidated Legislation

Surveillance Devices Act 1999 - SECT 30K

Report to judge or magistrate

30K. Report to judge or magistrate



(1) A law enforcement officer to whom a warrant is issued, or who is primarily
responsible for executing a warrant issued, under this Act must, within the
time specified in the warrant, make a report in accordance with this section
to the judge or magistrate who issued the warrant.

(2) In the case of a surveillance device warrant, the report must-

   (a)  state whether the warrant was executed; and

   (b)  if so-

   (i)  state the name of each person involved in the execution of the
        warrant; and

   (ii) state the kind of surveillance device used; and

   (iii) state the period during which the device was used; and

   (iv) state the name, if known, of any person whose conversations or
        activities were overheard, recorded, monitored, listened to or
        observed by the use of the device; and

   (v)  state the name, if known, of any person whose geographical location
        was determined by the use of a tracking device; and

   (vi) give details of any premises on which the device was installed or any
        place at which the device was used; and

   (vii) give details of any object in or on which the device was installed or
        any premises where the object was located when the device was
        installed; and

   (viii) give details of the benefit to the investigation of the use of the
        device and of the general use made or to be made of any evidence or
        information obtained by the use of the device; and

   (ix) give details of the compliance with the conditions (if any) to which
        the warrant was subject; and

   (c)  if the warrant was extended or varied, state-

   (i)  the number of extensions or variations; and

   (ii) the reasons for them; and

   (d)  state whether the chief officer has revoked the warrant under section
        20A(2).

(3) In the case of a retrieval warrant, the report must-

   (a)  give details of any premises entered, anything opened and any object
        removed and replaced under the warrant; and

   (b)  state whether the surveillance device was retrieved under the warrant;
        and

   (c)  if the device was not retrieved, state the reason why; and

   (d)  give details of the compliance with the conditions (if any) to which
        the warrant was subject; and

   (e)  state whether the chief officer has revoked the warrant under section
        20H(3).

(4) On receiving a report, the judge or magistrate may order that any
information obtained from or relating to the execution of the warrant or any
record of that information be dealt with in the way specified in the order.