• Specific Year
    Any

SURVEILLANCE DEVICES ACT 1999 - SECT 30L Annual reports

SURVEILLANCE DEVICES ACT 1999 - SECT 30L

Annual reports

    (1)     The chief officer of a law enforcement agency must submit a report to the Minister that includes the following information in respect of each financial year—

        (a)     the number of applications for warrants by and the number of warrants issued to law enforcement officers of the agency during that year; and

        (b)     the number of applications for emergency authorisations by and the number of emergency authorisations given to law enforcement officers of the agency during that year; and

        (c)     the number of remote applications for warrants by law enforcement officers of the agency during that year; and

        (d)     the number of applications for warrants or emergency authorisations by law enforcement officers of the agency that were refused during that year, and the reasons for refusal; and

        (e)     the number of applications for extensions of warrants by law enforcement officers of the agency during that year, the number of extensions granted or refused and the reasons why they were granted or refused; and

        (f)     the number of arrests made by law enforcement officers of the agency during that year on the basis (wholly or partly) of information obtained by the use of a surveillance device under a warrant or emergency authorisation; and

        (g)     the number of prosecutions that were commenced in this jurisdiction during that year in which information obtained by the use of a surveillance device under a warrant or emergency authorisation was given in evidence and the number of those prosecutions in which a person was found guilty; and

        (h)     in the case of Victoria Police—

              (i)     the name and rank of each person appointed as a senior officer under section 3(3) (whether appointed during that year or previously); and

              (ii)     if any person referred to in subparagraph (i) is below the rank of commander, the reason for the appointment of the person under section 3(3); and

              (i)     any other information relating to the use of surveillance devices and the administration of this Act that the Minister considers appropriate.

    (2)     The information referred to in subsection (1)(a) and (b) must be presented in such a way as to identify the number of warrants issued and emergency authorisations given in respect of each different kind of surveillance device.

    (3)     The report must be submitted to the Minister as soon as practicable after the end of each financial year, and at any event within 3 months after the end of the financial year.

S. 30L(4) substituted by No. 27/2016 s. 42.

    (4)     The chief officer must advise the Minister of any information in the report that, in the chief officer's opinion, should be excluded from the report before the report is laid before Parliament because the information, if made public, could reasonably be expected to—

        (a)     endanger a person's safety; or

        (b)     prejudice an investigation or prosecution; or

        (c)     compromise any law enforcement agency's operational activities or methodologies.

S. 30L(5) inserted by No. 27/2016 s. 42.

    (5)     The Minister must—

        (a)     exclude information from the report if satisfied on the advice of the chief officer of any of the grounds set out in subsection (4); and

        (b)     cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the day on which the Minister receives the report.

S. 30M inserted by No. 26/2004 s. 13.