SURVEILLANCE DEVICES ACT 2007 - As at 11 October 2023 - Act 64 of 2007
- As at 11 October 2023 - Act 64 of 2007Table of Provisions
PART 1 - PRELIMINARY
- 1 Name of Act
- 2 Commencement
- 2A Objects of Act
- 3 Relationship to other laws and matters
- 4 Definitions
- 5 Eligible Judges and Magistrates
- 6 Act to bind Crown
PART 2 - REGULATION OF INSTALLATION, USE AND MAINTENANCE OF SURVEILLANCE DEVICES
Note- 7 Prohibition on installation, use and maintenance of listening devices
- 8 Installation, use and maintenance of optical surveillance devices without consent
- 9 Prohibition on installation, use and maintenance of tracking devices
- 10 Prohibition on installation, use and maintenance of data surveillance devices
- 11 Prohibition on communication or publication of private conversations or recordings of activities
- 12 Possession of record of private conversation or activity
- 13 Manufacture, supply and possession of listening and other devices for unlawful use
- 14 Communication and publication of information from the use of a data surveillance device
PART 3 - WARRANTS
Division 1 - Preliminary
Division 2 - Surveillance device warrants
- 17 Application for a surveillance device warrant
- 18 Remote application
- 19 Determining the application
- 20 Contents of surveillance device warrants
- 21 What a surveillance device warrant authorises
- 22 Extension and variation of surveillance device warrant
- 23 Revocation of surveillance device warrant
- 24 Discontinuance of use of surveillance device under warrant
Division 3 - Retrieval warrants
- 25 Application for a retrieval warrant
- 26 Remote application
- 27 Determining an application
- 28 Contents of retrieval warrants
- 29 What a retrieval warrant authorises
- 30 Revocation of retrieval warrant
Division 4 - Emergency authorisations
- 31 Emergency use of surveillance devices--threat of serious personal violence or substantial property damage
- 32 Emergency authorisation--continued use of authorised surveillance device in participating jurisdiction
- 33 Application for approval after use of surveillance device without warrant or under emergency authorisation
- 34 Consideration of application
- 35 Eligible Judge may approve emergency use of powers
- 36 Admissibility of evidence
PART 4 - RECOGNITION OF CORRESPONDING WARRANTS AND AUTHORISATIONS
PART 5 - COMPLIANCE AND MONITORING
Division 1 - Restrictions on use, communication and publication of information
- 39 What is protected information?
- 40 Prohibition on use, communication or publication of protected information
- 41 Dealing with records obtained by use of surveillance devices
- 42 Protection of surveillance device technologies and methods
- 43 Protected information in the custody of a court
Division 2 - Reporting and record-keeping
- 44 Reports to eligible Judge or eligible Magistrate and Attorney General
- 45 Annual reports
- 45A Annual report of Department
- 46 Keeping documents and records connected with warrants and emergency authorisations executed in this jurisdiction
- 46A Keeping documents and records connected with warrants and emergency authorisations executed in participating jurisdictions
- 47 Register of warrants and emergency authorisations
Division 3 - Inspections
Division 4 - General
- 50 Evidentiary certificates
PART 6 - MISCELLANEOUS
- 50A Police use of body-worn video 51. (Repealed)
- 51A Surveillance Devices Commissioner
- 51B Delegation
- 52 Requirement to inform subject of surveillance
- 53 Use of assumed names or code-names in warrant
- 54 Service of documents
- 55 Time for instituting proceedings for certain offences
- 56 Consent of Attorney General to prosecutions
- 57 Offences by corporations
- 58 Orders for forfeiture
- 59 Regulations
- 60 Savings, transitional and other provisions 61, 62. (Repealed)
- 63 Review of Act
- 64 Review of Surveillance Devices Amendment (Police Body-Worn Video) Act 2014
- SCHEDULE 1 Schedule 2 (Repealed)