SURVEILLANCE DEVICES ACT 1998 - SECT 41

SURVEILLANCE DEVICES ACT 1998 - SECT 41

41 .         Dealing with records obtained by surveillance devices

        (1)         The Commissioner of Police, the Corruption and Crime Commission, a designated Commission and the Australian Crime Commission —

            (a)         must keep every record or report obtained by use of a surveillance device under a warrant or emergency authorisation issued to a member of the police force of the State, an officer of the Corruption and Crime Commission, an officer of the designated Commission or a member of the staff of the Australian Crime Commission in a secure place, being a place that is not accessible to persons who are not entitled to deal with the record or report; and

            (b)         subject to subsection (2), must destroy any such record or report if satisfied that it is not likely to be required in connection with —

                  (i)         the investigation in respect of which the warrant or emergency authorisation was issued or the investigation of another offence;

                  (ii)         the making of a decision whether to prosecute for any offence; or

                  (iii)         the prosecution of an offence.

        (2)         Where a record or report referred to in subsection (1)(a) was obtained by use of a surveillance device under a warrant issued under section 15(2) on behalf of another law enforcement officer the Commissioner of Police, the Corruption and Crime Commission, the designated Commission or the Australian Crime Commission, as the case requires, may only destroy that record or report after consultation with the police force, body, department, authority or agency of which that law enforcement officer is a member, officer or employee.

        (3)         The Commissioner of Police, the Corruption and Crime Commission and the Australian Crime Commission must keep such records concerning the records and reports obtained by the use of surveillance devices under warrants and emergency authorisations as are necessary to enable documents and information to be identified and obligations under this Act to provide reports to be complied with.

        [Section 41 amended: No. 78 of 2003 s. 74; No. 74 of 2004 s. 72(3); No. 30 of 2006 s. 26; No. 8 of 2009 s. 122.]