SURVEILLANCE DEVICES ACT 2007 (NO 19 OF 2007)
Table of Provisions
PART 1--INTRODUCTION
Division 1 -- Preliminary matters
Division 2 -- Interpretation
- 4 Definitions
- 5 Law enforcement officer primarily responsible for warrant
- 6 Cross-border investigations taken to be carried out in this jurisdiction
- 7 Declared offences for Criminal Code
Division 3 -- Application of Act
- 8 Act binds Crown
- 9 Act does not apply to certain Commonwealth agents
- 10 Act does not limit court discretion
PART 2--REGULATION OF INSTALLATION, USE AND MAINTENANCE OF SURVEILLANCE DEVICES
- 11 Installation, use and maintenance of listening devices
- 12 Installation, use and maintenance of optical surveillance devices
- 13 Installation, use and maintenance of tracking devices
- 14 Installation, use and maintenance of data surveillance devices by law enforcement officers
PART 3--RESTRICTION ON COMMUNICATION AND PUBLICATION OF PRIVATE CONVERSATIONS AND ACTIVITIES
- 15 Communication and publication of private conversations and activities
- 16 Communication and publication of information from use of data surveillance device
PART 4--WARRANTS FOR USE OF SURVEILLANCE DEVICES
Division 1 -- Introduction
Division 2 -- Surveillance device warrants
- 19 Application for surveillance device warrant
- 20 Remote application
- 21 Deciding application
- 22 What surveillance device warrant must contain
- 23 What surveillance device warrant authorises
- 24 Extension and variation of warrant
- 25 Revocation of warrant
- 26 Discontinuing use of surveillance device under warrant
Division 3 -- Retrieval Warrants
- 27 Application for retrieval warrant
- 28 Remote application
- 29 Deciding application
- 30 What retrieval warrant must contain
- 31 What retrieval warrant authorises
- 32 Revocation of retrieval warrant
PART 5--EMERGENCY AUTHORISATIONS
- 33 When application may be made for emergency authorisation
- 34 How application is made
- 35 When authorisation may be given
- 36 Effect of authorisation
- 37 Application for approval after use of surveillance device under emergency authorisation
- 38 Consideration of application
- 39 Judge may approve emergency use of powers
- 40 Admissibility of evidence
PART 6--EMERGENCY USE OF LISTENING AND OPTICAL SURVEILLANCE DEVICES IN PUBLIC INTEREST
Division 1 -- Preliminary matters
Division 2 -- Emergency use of listening and optical surveillance devices in public interest
- 43 Emergency use of listening device in public interest
- 44 Emergency use of optical surveillance device in public interest
- 45 Report to Judge
Division 3 -- Publication and communication of information
- 46 Order allowing publication or communication in public interest
- 47 Application for publication order
- 48 Confidentiality
PART 7--RECOGNITION OF CORRESPONDING WARRANTS AND AUTHORISATIONS
PART 8--COMPLIANCE AND MONITORING
Division 1 -- Restrictions on use, communication and publication of information
- 51 Protected information
- 52 Prohibition on use, communication or publication of protected information
- 53 Permitted use of local protected information
- 54 Permitted use of corresponding protected information
- 55 Dealing with records obtained by use of surveillance devices
- 56 Protection of surveillance device technologies and methods
- 57 Protected information in custody of court
Division 2 -- Reporting and record-keeping
- 58 Report to Judge or magistrate
- 59 Annual reports
- 60 Keeping documents for warrants and emergency authorisations
- 61 Other records to be kept
- 62 Register of warrants and emergency authorisations
Division 3 -- Inspections
- 63 Inspection of records by Ombudsman
- 64 Ombudsman's reports on investigations
- 65 Commonwealth Ombudsman's reports on investigations
PART 9--FURTHER OFFENCES, ENFORCEMENT AND LEGAL PROCEEDINGS
Division 1 -- Offences
- 66 Possession of surveillance device for unlawful use
- 67 Damaging etc. surveillance device
Division 2 -- Search and seizure of surveillance devices
Division 3 -- Legal proceedings
- 70 Admissibility in criminal proceeding of information inadvertently obtained
- 71 Evidentiary certificates
- 72 Liability of executive officers of body corporate
- 73 Forfeiture orders
PART 10--MISCELLANEOUS MATTERS
- 74 Authorised persons
- 75 Acquisition on just terms
- 76 Protection from liability
- 77 Regulations
PART 11--REPEALS AND TRANSITIONAL MATTERS
- 78 Repeal
- 79 Definitions
- 80 Undecided applications relating to warrants
- 81 Warrants
- 82 Urgent authorisations
- 83 Information, records and reports obtained under repealed Act
PART 12--CONSEQUENTIAL AMENDMENTS
Division 1 -- Amendment of Information Act
Division 2 -- Amendment of Ombudsman (Northern Territory) Act
- 86 Act amended
- 87 Amendment of section 12 (Delegation)
- 88 Amendment of section 31 (Protection of Ombudsman and staff)
Division 3 -- Expiry of Part
- 89 Expiry