SURVEILLANCE DEVICES ACT 1999
Table of Provisions
PART 1--PRELIMINARY
- 1 Purposes
- 2 Commencement
- 3 Definitions
- 4 Act binds the Crown
- 5 Act not to apply to certain Commonwealth agents
- 5A Application of Act
PART 2--REGULATION OF INSTALLATION, USE ANDMAINTENANCE OF SURVEILLANCE DEVICES
- 6 Regulation of installation, use and maintenance of listening devices
- 7 Regulation of installation, use and maintenance of optical surveillance devices
- 8 Regulation of installation, use and maintenance of tracking devices
- 9 Regulation of installation, use and maintenance of data surveillance devices by law enforcement officers
PART 2A--WORKPLACE PRIVACY
- 9A Definitions
- 9B Prohibition on certain uses of optical surveillance devices or listening devices
- 9C Prohibition on communication or publication of activities or conversations permitted to be observed etc.
- 9D Offences by unincorporated bodies or firms
PART 3--RESTRICTION ON COMMUNICATION AND PUBLICATION OF PRIVATE CONVERSATIONS AND ACTIVITIES
- 11 Prohibition on communication or publication of private conversations or activities
- 12 Communication and publication of information from the use of a data surveillance device
PART 4--AUTHORISATIONS FOR THE USE OF SURVEILLANCE DEVICES
Division 1AA--Role of Public Interest Monitor
- 12A Application of Division 1AA
- 12B Information to be given to Public Interest Monitor
- 12C Full disclosure to Public Interest Monitor
- 12D Role of Public Interest Monitor
Division 1--Warrants
- 13 Types of warrant
- 14 Who may issue warrants?
- 15 Application for surveillance device warrant
- 16 Remote application
- 17 Determining the application
- 18 What must a surveillance device warrant contain?
- 19 What a surveillance device warrant authorises
- 20 Extension and variation of surveillance device warrant
- 20A Revocation of surveillance device warrant
- 20B Discontinuance of use of surveillance device under warrant
- 20C Application for retrieval warrant
- 20D Remote application
- 20E Determining the application
- 20F What must a retrieval warrant contain?
- 20G What a retrieval warrant authorises
- 20H Revocation of retrieval warrant
Division 2--Assistance orders
- 21 Application for assistance order
- 22 Assistance order
- 23 Failure to comply with assistance order
- 24 Existence and operation of assistance order not to be disclosed
Division 3--Emergency authorisations
- 25 Application of Division
- 26 Emergency authorisation—risk of serious personal violence or substantial property damage
- 27 Emergency authorisation—serious drug offences
- 28 Application for approval after use of surveillance device under emergency authorisation
- 29 Consideration of application
- 30 Judge may approve emergency use of powers
- 30A Admissibility of evidence
PART 4A--RECOGNITION OF CORRESPONDING WARRANTS AND AUTHORISATIONS
PART 5--COMPLIANCE AND MONITORING
Division 1--Restrictions on use, communication and publication of information
- 30D What is protected information?
- 30E Prohibition on use, communication or publication of protected information
- 30F Permitted use of local protected information
- 30G Permitted use of corresponding protected information
- 30H Dealing with records obtained by use of surveillance devices
- 30I Protection of surveillance device technologies and methods
- 30J Protected information in the custody of a court
Division 2--Reporting and record-keeping
- 30K Report to judge or magistrate
- 30L Annual reports
- 30M Keeping documents connected with warrants and emergency authorisations
- 30N Other records to be kept
- 30O Register of warrants and emergency authorisations
Division 3--Inspections
- 30P Inspection of records by Victorian Inspectorate
- 30Q Reports on investigations by Victorian Inspectorate
- 30R Commonwealth Ombudsman's reports on investigations
Division 4--Further offences and enforcement
- 31 Unlawful interference with surveillance devices
- 32 Criminal liability of officers of bodies corporate—accessorial liability
- 32A Criminal liability of officers of bodies corporate—failure to exercise due diligence
- 33 Search warrant
- 34 Announcement before entry
- 35 Copy of warrant to be given to occupier or person searched
- 35A Copy of warrant to be given to person in charge of vehicle or person searched
PART 6--MISCELLANEOUS
PART 7--REPEALS, TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS
- 41 Transitional provision—annual reports
- 42 Transitional provisions—Surveillance Devices (Amendment) Act 2004
- 42A Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013
- 43 Transitional provisions—Integrity and Accountability Legislation Amendment Act 2012
- 44 Transitional provisions—Public Interest Monitor and repeal of Police Integrity Act 2008
- 44A Transtional provisions—Serious Offenders Act 2018
- 45 Annual report of Victoria Police for financial year ending 30 June 2015 ENDNOTES