SURVEILLANCE DEVICES ACT 1998 - SECT 11
SURVEILLANCE DEVICES ACT 1998 - SECT 11
11 . Presumption as to evidence obtained under warrant or emergency authorisation
Where evidence of a
private conversation or a private activity that is alleged to have been
obtained as a direct or indirect result of the use of a listening device or an
optical surveillance device under a warrant or an emergency authorisation is
given by a member of the police force of the State, an officer of the
Corruption and Crime Commission, an officer of a designated Commission or a
member of the staff of the Australian Crime Commission in any civil or
criminal proceeding, it shall be presumed in that proceeding unless the
contrary is proved that —
(a) the
application upon which that warrant or emergency authorisation was issued was
made in good faith; and
(b) the
evidence was properly obtained under and in accordance with that warrant or
emergency authorisation.
[Section 11 amended: No. 78 of 2003 s. 74; No. 74
of 2004 s. 72(3); No. 30 of 2006 s. 18.]