(1) In this Act— applicant for a warrant means the law enforcement officer who applies, or on whose behalf an application is made, for the warrant.Australian Crime Commission means the Australian Crime Commission established by theof the Commonwealth. Australian Crime Commission Act 2002 body-worn video means equipment worn on the person of a police officer that is capable of recording visual images or sound or both.building includes any structure.business day means a day other than a Saturday, Sunday, public holiday or bank holiday in New South Wales.chief officer means the following—
(a) in relation to the NSW Police Force—the Commissioner of Police, (b) in relation to the Australian Crime Commission—the Chief Executive Officer of the Australian Crime Commission, (c) in relation to the New South Wales Crime Commission—the Commissioner for the New South Wales Crime Commission, (d) in relation to the Independent Commission Against Corruption—the Chief Commissioner of the Independent Commission Against Corruption, (e) in relation to the Law Enforcement Conduct Commission—the Chief Commissioner of that Commission, or (f) any other person prescribed by the regulations as the chief officer in relation to a law enforcement agency. computer means any electronic device for storing, processing or transferring information.correctional centre andinmate of a correctional centre have the same meanings as in the. Crimes (Administration of Sentences) Act 1999 corresponding emergency authorisation means an authorisation in the nature of an emergency authorisation given under the provisions of a corresponding law, being an authorisation in relation to a relevant offence within the meaning of the corresponding law.corresponding law means a law of another jurisdiction that—
(a) provides for the authorisation of the use of surveillance devices, and (b) is declared by the regulations to be a corresponding law. corresponding warrant means a warrant in the nature of a surveillance device warrant or retrieval warrant issued under the provisions of a corresponding law, being a warrant in relation to a relevant offence within the meaning of that corresponding law.data surveillance device means any device or program capable of being used to record or monitor the input of information into or output of information from a computer, but does not include an optical surveillance device.device includes instrument, apparatus and equipment.disciplinary proceeding means a proceeding of a disciplinary nature under a law of any jurisdiction or of the Commonwealth.eligible Judge is defined in section 5.eligible Magistrate is defined in section 5.emergency authorisation means an emergency authorisation given under Division 4 of Part 3.enhancement equipment , in relation to a surveillance device, means equipment capable of enhancing a signal, image or other information obtained by use of the surveillance device.exercise a function includes perform a duty.function includes a power, authority or duty.Inspector means the Inspector of the Law Enforcement Conduct Commission.install includes attach.jurisdiction means a State or Territory of the Commonwealth.law enforcement agency means the following agencies—
(a) the NSW Police Force, (b) the New South Wales Crime Commission, (c) the Independent Commission Against Corruption, (d) the Law Enforcement Conduct Commission, (e) any other agency prescribed by the regulations for the purposes of this definition. law enforcement officer means the following—
(a) in relation to the NSW Police Force—a member of the NSW Police Force, (b) in relation to the New South Wales Crime Commission—an officer of the Commission within the meaning of the , Crime Commission Act 2012 (c) in relation to the Independent Commission Against Corruption—an officer of the Commission within the meaning of the , Independent Commission Against Corruption Act 1988 (d) in relation to the Law Enforcement Conduct Commission—an officer of the Commission within the meaning of the , Law Enforcement Conduct Commission Act 2016 (e) in relation to an agency prescribed for the purposes of paragraph (e) of the definition of law enforcement agency —any person prescribed by the regulations as a law enforcement officer in respect of that agency for the purposes of this definition,and includes a person who is seconded to a law enforcement agency, including (but not limited to) a member of the police force or police service or a police officer (however described) of another jurisdiction. listening device means any device capable of being used to overhear, record, monitor or listen to a conversation or words spoken to or by any person in conversation, but does not include a hearing aid or similar device used by a person with impaired hearing to overcome the impairment and permit that person to hear only sounds ordinarily audible to the human ear.maintain , in relation to a surveillance device, includes—
(a) adjust, relocate, repair or service the device, and (b) replace a faulty device. optical surveillance device means any device capable of being used to record visually or observe an activity, but does not include spectacles, contact lenses or a similar device used by a person with impaired sight to overcome that impairment.participating jurisdiction means a jurisdiction in which a corresponding law is in force.party —
(a) to an activity—means a person who takes part in the activity, and (b) to a private conversation—means a person by or to whom words are spoken in the due course of the conversation or a person who, with the consent, express or implied, of any of the persons by or to whom words are spoken in the course of the conversation, records, monitors or listens to those words. premises includes the following—
(a) land, (b) a building, (c) a part of a building, (d) any place, whether built on or not, whether in or outside this jurisdiction. principal party , in relation to a private conversation, means a person by or to whom words are spoken in the course of the conversation.private conversation means any words spoken by one person to another person or to other persons in circumstances that may reasonably be taken to indicate that any of those persons desires the words to be listened to only—
(a) by themselves, or (b) by themselves and by some other person who has the consent, express or implied, of all of those persons to do so, but does not include a conversation made in any circumstances in which the parties to it ought reasonably to expect that it might be overheard by someone else. protected information has the meaning given to it by section 39.public officer means a person employed by, or holding an office established by or under a law of, this jurisdiction or a person employed by a public authority of this jurisdiction, and includes a law enforcement officer.record includes the following—
(a) an audio, visual or audio visual record, (b) a record in digital form, (c) a documentary record prepared from a record referred to in paragraph (a) or (b). relevant offence means—
(a) an offence against a law of this jurisdiction or of the Commonwealth or another State or Territory that may be prosecuted on indictment, or (b) an offence against the law of this jurisdiction that is prescribed by the regulations for the purposes of this definition. relevant proceeding means the following—
(a) the prosecution of a relevant offence, (b) a proceeding for the confiscation, forfeiture or restraint of property or for the imposition of a pecuniary penalty in connection with a relevant offence, (c) a proceeding for the protection of a child or intellectually impaired person, (d) a proceeding concerning the validity of a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation, (e) a disciplinary proceeding against a public officer, (f) a coronial inquest or inquiry if, in the opinion of the coroner, the event that is the subject of the inquest or inquiry may have resulted from the commission of a relevant offence, (g) a proceeding under section 13 of the of the Commonwealth in relation to a criminal matter that concerns an offence against the laws of the foreign country that made the request resulting in the proceeding, being an offence that may be prosecuted on indictment, Mutual Assistance in Criminal Matters Act 1987 (h) a proceeding for the taking of evidence under section 43 of the of the Commonwealth, in so far as the proceeding relates to a relevant offence, Extradition Act 1988 (i) a proceeding for the extradition of a person from another jurisdiction to this jurisdiction, in so far as the proceeding relates to a relevant offence, (j) a proceeding under Division 1 of Part 4 of the of the Commonwealth, International War Crimes Tribunals Act 1995 (k) a proceeding of the International Criminal Court, (l) a compulsory examination or public inquiry before the Independent Commission Against Corruption or an inquiry before the Inspector of the Independent Commission Against Corruption, (m) a public or private examination before an examining Commissioner (within the meaning of the ) or an inquiry before the Inspector of the Law Enforcement Conduct Commission, Law Enforcement Conduct Commission Act 2016 (n) a hearing before the New South Wales Crime Commission, (o) an examination before the Australian Crime Commission, (p) any proceeding in respect of a declaration under Part 2, or a control order under Division 1 or 2 of Part 3, of the , Crimes (Criminal Organisations Control) Act 2012 (q) a proceeding for the parole of a person to whom Division 5 of Part 4C of the applies, Children (Detention Centres) Act 1987 (r) a proceeding under the , Terrorism (High Risk Offenders) Act 2017 (s) a proceeding before the State Parole Authority under Part 6 or 7 of the , Crimes (Administration of Sentences) Act 1999 (t) an application under the to an appropriate court within the meaning of that Act, or an appeal under section 11 of that Act, Crimes (Serious Crime Prevention Orders) Act 2016 (u) an application under Part 5 of the , Crimes (Forensic Procedures) Act 2000 (v) a proceeding before the Civil and Administrative Tribunal in respect of an application for administrative review under section 75(1)(a) or (f) of the . Firearms Act 1996 remote application for a warrant means an application referred to in section 18 or 26.report of a conversation or activity includes a report of the substance, meaning or purport of the conversation or activity.retrieval warrant means a warrant issued under Division 3 of Part 3.senior officer means the following—
(a) in relation to the NSW Police Force—
(i) the Commissioner of Police, or (ii) any Deputy Commissioner of Police, or (iii) any Assistant Commissioner of Police, or (iv) any Superintendent of Police, (b) in relation to the New South Wales Crime Commission—the Commissioner for the New South Wales Crime Commission, (c) in relation to the Independent Commission Against Corruption—the Chief Commissioner or any other Commissioner of the Independent Commission Against Corruption, (d) in relation to the Law Enforcement Conduct Commission—the Chief Commissioner of the Law Enforcement Conduct Commission, (e) in relation to any other agency prescribed by the regulations for the purposes of the definition of law enforcement agency —any officer prescribed by the regulations for the purposes of this definition for that agency.serious narcotics offence means an offence under Division 2 of Part 2 of thebut does not include an offence that is declared by the regulations not to be a serious narcotics offence for the purposes of this Act. Drug Misuse and Trafficking Act 1985 supervision or detention order under themeans any of the following orders under that Act— Terrorism (High Risk Offenders) Act 2017
(a) an extended supervision order, (b) an interim supervision order, (c) a continuing detention order, (d) an interim detention order, (e) an emergency detention order. surveillance device means—
(a) a data surveillance device, a listening device, an optical surveillance device or a tracking device, or (b) a device that is a combination of any 2 or more of the devices referred to in paragraph (a), or (c) a device of a kind prescribed by the regulations. surveillance device warrant means a warrant issued under Division 2 of Part 3 or under section 35(3).Surveillance Devices Commissioner means the Surveillance Devices Commissioner appointed under section 51A.terrorism related offender means a person who is any of the following within the meaning of the— Terrorism (High Risk Offenders) Act 2017
(a) a convicted NSW terrorist offender, (b) a convicted NSW underlying terrorism offender, (c) a convicted NSW terrorism activity offender. this jurisdiction means New South Wales.tracking device means any electronic device capable of being used to determine or monitor the geographical location of a person or an object.unsworn application for a warrant means an application referred to in section 17(4) or 25(4).use of a surveillance device includes use of the device to record a conversation or other activity.vehicle includes the following—
(a) an aircraft, (b) a vessel, (c) a part of a vehicle, whether in or outside this jurisdiction. warrant means surveillance device warrant or retrieval warrant.Note— The contains definitions and other provisions that affect the interpretation and application of this Act. Interpretation Act 1987 (2) For the purposes of this Act, an investigation into an offence against the law of this jurisdiction is taken to be conducted in this jurisdiction (whether or not it is also conducted in another jurisdiction) if a law enforcement officer of this jurisdiction participates in the investigation. Note— Subsection (2) is intended to cover the situation where an officer of this jurisdiction is conducting or participating in an investigation wholly in another jurisdiction for the purposes of an offence against a law of this jurisdiction (eg a NSW officer is investigating a conspiracy to import drugs into NSW from Victoria, and all the evidence of the offence is in Victoria).
(1) In this Act— eligible Judge means a Judge in relation to whom a consent under subsection (2) and a declaration under subsection (3) are in force.eligible Magistrate means a Magistrate in relation to whom a consent under subsection (2) and a declaration under subsection (3) are in force.Judge means a person who is a Judge of the Supreme Court.(2) A Judge or Magistrate may, by instrument in writing, consent to being the subject of a declaration by the Attorney General under subsection (3). (3) The Attorney General may, by instrument in writing, declare Judges or Magistrates in relation to whom consents are in force under subsection (2) to be eligible Judges and eligible Magistrates, respectively, for the purposes of this Act.
Note— Offences in this Part must be dealt with on indictment (see section 5 of the ). However, those listed in Part 10 of Table 2 of Schedule 1 to that Act may be dealt with summarily. Criminal Procedure Act 1986
(1) A person must not knowingly install, use or cause to be used or maintain a listening device—
(a) to overhear, record, monitor or listen to a private conversation to which the person is not a party, or (b) to record a private conversation to which the person is a party. Maximum penalty—500 penalty units (in the case of a corporation) or 100 penalty units or 5 years imprisonment, or both (in any other case).
(1) A person must not knowingly install, use or maintain an optical surveillance device on or within premises or a vehicle or on any other object, to record visually or observe the carrying on of an activity if the installation, use or maintenance of the device involves—
(a) entry onto or into the premises or vehicle without the express or implied consent of the owner or occupier of the premises or vehicle, or (b) interference with the vehicle or other object without the express or implied consent of the person having lawful possession or lawful control of the vehicle or object. Maximum penalty—500 penalty units (in the case of a corporation) or 100 penalty units or 5 years imprisonment, or both (in any other case).
(1) A law enforcement officer (or another person on his or her behalf) may apply for the issue of a surveillance device warrant if the law enforcement officer on reasonable grounds suspects or believes that—
(a) a relevant offence has been, is being, is about to be or is likely to be committed, and (b) an investigation into that offence is being, will be or is likely to be conducted in this jurisdiction or in this jurisdiction and in one or more participating jurisdictions, and (c) the use of a surveillance device is necessary for the purpose of an investigation into that offence to enable evidence to be obtained of the commission of that offence or the identity or location of the offender. (1A) A law enforcement officer (or another person on his or her behalf) may also apply for the issue of a surveillance device warrant for the use of a surveillance device in a correctional centre if the law enforcement officer on reasonable grounds suspects or believes that—
(a) an eligible offender within the meaning of the is an inmate of the correctional centre, and Terrorism (High Risk Offenders) Act 2017 (b) an investigation is being, will be or is likely to be conducted into whether an application for a supervision or detention order should be made under the in respect of the offender on the basis that the offender is a terrorism related offender, and Terrorism (High Risk Offenders) Act 2017 (c) the use of a surveillance device is necessary for the purpose of an investigation into whether an application for a supervision or detention order under the should be made to enable evidence to be obtained that would be likely to support the application. Terrorism (High Risk Offenders) Act 2017 (2) The application may be made to—
(a) an eligible Judge in any case, or (b) an eligible Magistrate in the case of an application for a surveillance device warrant authorising the use of a tracking device only.
(1) A surveillance device warrant must specify the following (the surveillance device warrant particulars )—
(a) the name of the applicant, (b) the alleged relevant offence in respect of which the warrant is issued (or for a warrant based on an application under section 17(1A)—the ground on which it is alleged that the inmate is a terrorism related offender), (c) the kind of surveillance device authorised to be used, (d) if the warrant authorises the use of a surveillance device on or in premises or a vehicle—the premises or vehicle on or in which the use of the surveillance device is authorised, (e) if the warrant authorises the use of a surveillance device in or on an object or class of object—the object or class of object in or on which the use of the surveillance device is authorised, (f) if the warrant authorises the use of a surveillance device on or about the body of a person—the name of the person (or, if the identity of the person is unknown, that fact), (g) if the warrant authorises the use of a surveillance device in respect of the conversations, activities or geographical location of a person—the name of the person (if known), (h) the name of the law enforcement officer primarily responsible for executing the warrant, (i) the period during which the warrant is to be in force, being a period not exceeding 90 days.
(1) A surveillance device warrant may authorise, as specified in the warrant, any one or more of the following—
(a) the use of a surveillance device on or in specified premises or a vehicle, (b) the use of a surveillance device in or on a specified object or class of object, (c) the use of a surveillance device in respect of the conversations, activities or geographical location of a specified person or a person whose identity is unknown, (d) the use of a surveillance device on or about the body of a specified person. (2) A surveillance device warrant authorises—
(a) for a warrant of a kind referred to in subsection (1)(a)—
(i) the installation, use and maintenance of a surveillance device of the kind specified in the warrant on or in the specified premises or vehicle, and (ii) the entry, by force if necessary, onto or into the premises or vehicle, or other specified premises adjoining or providing access to the premises or the vehicle, for any of the purposes referred to in subparagraph (i) or subsection (3), and (b) for a warrant of a kind referred to in subsection (1)(b)—
(i) the installation, use and maintenance of a surveillance device of the kind specified in the warrant in or on the specified object or an object of the specified class, and (ii) the entry, by force if necessary, onto or into any premises or vehicle where the object, or an object of the specified class, is reasonably believed to be or is likely to be, or other premises adjoining or providing access to those premises or the vehicle, for any of the purposes referred to in subparagraph (i) or subsection (3), and (c) for a warrant of a kind referred to in subsection (1)(c)—
(i) the installation, use and maintenance of a surveillance device of the kind specified in the warrant, on or in premises or a vehicle where the person is reasonably believed to be or likely to be in the future, and (ii) the entry, by force if necessary, onto or into the premises or vehicle referred to in subparagraph (i), or other premises adjoining or providing access to those premises or the vehicle, for any of the purposes referred to in subparagraph (i) or subsection (3), and (d) for a warrant of a kind referred to in subsection (1)(d)—the use of the surveillance device of the kind specified in the warrant on or about the body of the person specified in the warrant. (3) Each warrant also authorises—
(a) the retrieval of the surveillance device, and (b) the installation, use, maintenance and retrieval of any enhancement equipment in relation to the surveillance device, and (c) the use of an assumed identity for the purpose of the installation, use, maintenance or retrieval of the surveillance device or enhancement equipment, and (d) the disconnection of, or otherwise making inoperative, any security system for the purpose of the installation, maintenance or retrieval of the surveillance device or enhancement equipment, and (e) the temporary removal of an object or vehicle from premises for the purpose of the installation, maintenance or retrieval of the surveillance device or enhancement equipment and the return of the object or vehicle to the premises, and (f) the breaking open of anything for the purpose of the installation, maintenance or retrieval of the surveillance device or enhancement equipment, and (g) the connection of the device or enhancement equipment to an electricity supply system and the use of electricity from that system to operate the surveillance device or enhancement equipment, and (h) the connection of the device or equipment to a telecommunications system or network and the use of that system or network in connection with the operation of the surveillance device or enhancement equipment, and (i) the provision of assistance or technical expertise to the law enforcement officer named in the warrant in the installation, use, maintenance or retrieval of the surveillance device or enhancement equipment under the warrant.
(1) This section applies if a surveillance device warrant is issued to a law enforcement officer. (2) If the chief officer of the law enforcement agency of which the law enforcement officer concerned is a member is satisfied that the use of a surveillance device under the warrant is no longer necessary for the warrant purpose, the chief officer must—
(a) take the steps necessary to ensure that use of the surveillance device authorised by the warrant is discontinued as soon as practicable, and (b) cause an application to be made for the revocation of the warrant under section 23.
(1) A law enforcement officer (or another person on his or her behalf) may apply for the issue of a retrieval warrant in respect of a surveillance device that was lawfully installed on premises, or in or on a vehicle or other object, under a surveillance device warrant and which the law enforcement officer on reasonable grounds suspects or believes is still on those premises or in or on that vehicle or object, or on other premises or in or on another vehicle or other object. (2) The application may be made to—
(a) an eligible Judge in any case, or (b) an eligible Magistrate in the case of an application for a retrieval warrant authorising the retrieval of a tracking device only. (3) An application must include the information required (having regard to the warrant being sought) to complete the retrieval warrant particulars set out in section 28(1).
(1) A retrieval warrant must specify the following (the retrieval warrant particulars )—
(a) the name of the applicant, (b) the kind of surveillance device authorised to be retrieved, (c) the premises, vehicle or other object from which the surveillance device is to be retrieved, (d) the name of the law enforcement officer primarily responsible for executing the warrant, (e) the period during which the warrant is to be in force, being a period not exceeding 90 days.
(1) A retrieval warrant (subject to any conditions specified in it) authorises—
(a) the retrieval of the surveillance device specified in the warrant and any enhancement equipment in relation to the device, and (b) the entry, by force if necessary, onto or into the premises or vehicle where the surveillance device is reasonably believed to be, or other premises adjoining or providing access to those premises or the vehicle, for the purpose of retrieving the device and equipment, and (c) the use of an assumed identity for the purpose of retrieval of the device and equipment, and (d) the disconnection of, or otherwise making inoperative, any security system for the purpose of retrieving the device or equipment, and (e) the temporary removal of an object or vehicle from premises for the purpose of retrieving the device or equipment and the return of the object or vehicle to the premises, and (f) the breaking open of any thing for the purpose of the retrieval of the device and equipment, and (g) if the device or equipment is installed on or in an object, the temporary removal of the object from any place where it is situated for the purpose of the retrieval of the device and equipment and the return of the object to that place, and (h) the provision of assistance or technical expertise to the law enforcement officer named in the warrant in the retrieval of the device or equipment.
(1) A law enforcement officer may apply to a senior officer of the agency of which the officer is a member for an emergency authorisation for the use of a surveillance device if—
(a) use of a surveillance device in this jurisdiction is authorised by section 31 in connection with an investigation into a relevant offence, and (b) the law enforcement officer on reasonable grounds suspects or believes that—
(i) the investigation in relation to which the surveillance device is authorised in this jurisdiction is likely to extend to a participating jurisdiction, and (ii) the use of the surveillance device in a participating jurisdiction is immediately necessary to prevent the loss of any evidence, and (iii) the circumstances are so serious and the matter is of such urgency that the use of the surveillance device in the participating jurisdiction is warranted, and (iv) it is not practicable in the circumstances to apply for a surveillance device warrant.
(1) Within 2 business days after a law enforcement officer uses a surveillance device without a warrant in an emergency under section 31, the law enforcement officer (or another person on his or her behalf) must apply to an eligible Judge for approval of the exercise of powers under that section. (1A) Subsection (1) does not apply if the law enforcement officer uses an optical surveillance device to observe, but not record, the carrying on of an activity. (2) Within 2 business days after giving an emergency authorisation under section 32, a senior officer (or another person on his or her behalf) must apply to an eligible Judge for approval of the exercise of powers under the emergency authorisation.
(1) After considering an application for approval in respect of the use of a surveillance device without a warrant in an emergency under section 31, the eligible Judge may approve the application if satisfied that there are reasonable grounds to suspect or believe that—
(a) there was a threat of serious violence to a person or substantial damage to property or of the commission of a serious narcotics offence, and (b) using a surveillance device may have helped reduce the threat, and (c) it was not practicable in the circumstances to apply for a surveillance device warrant.
(1) A person is guilty of an offence if—
(a) the person intentionally, knowingly or recklessly uses, communicates or publishes any protected information, and (b) the person knows that, or is reckless as to whether, the information is protected information, and (c) the person knows that, or is reckless as to whether, the use, communication or publication of the information is prohibited by this section. Maximum penalty—Imprisonment for 2 years. Note— Under section 16 of the , a court may impose a fine on a body corporate that commits this offence or an offence under subsection (2). Crimes (Sentencing Procedure) Act 1999 (2) A person is guilty of an offence against this subsection if the person commits an offence against subsection (1) in circumstances in which the person—
(a) intends to endanger the health or safety of any person or prejudice the effective conduct of an investigation into a relevant offence, or (b) knows that, or is reckless as to whether, the disclosure of the information—
(i) endangers or will endanger the health or safety of any person, or (ii) prejudices or will prejudice the effective conduct of an investigation into a relevant offence. If the offence against subsection (1) involves information obtained from the use, in accordance with section 50A, of body-worn video by a police officer, each reference in this subsection to a relevant offence includes a reference to any offence. Maximum penalty—Imprisonment for 7 years. (3) Subsections (1) and (2) do not apply to—
(a) the use, communication or publication of—
(i) any information that has been disclosed in proceedings in open court, or (ii) any information that has entered the public domain, or (b) the use or communication of protected information by a person who believes on reasonable grounds that the use or communication is necessary to help prevent or reduce the threat of serious violence to a person or substantial damage to property, or (b1) the use or communication of protected information obtained from the use of a device in this jurisdiction by a person who believes on reasonable grounds that the use or communication is necessary to help prevent or reduce the threat of the commission of a serious narcotics offence, or (c) the communication to the Director-General (within the meaning of the of the Commonwealth) of protected information that relates or appears to relate to activities prejudicial to security (within the meaning of that Act), or Australian Security Intelligence Organisation Act 1979 (d) the use or communication of information referred to in paragraph (c) by an officer of the Australian Security Intelligence Organisation in the performance of his or her official functions, or (e) the use or communication of information to a foreign country or an appropriate authority of a foreign country in accordance with the of the Commonwealth. Mutual Assistance in Criminal Matters Act 1987 (4) Protected information may be used, published or communicated if it is necessary to do so for any of the following purposes—
(a) the investigation of a relevant offence within the meaning of this Act or a relevant offence within the meaning of a corresponding law, (b) the making of a decision whether or not to bring a prosecution for a relevant offence within the meaning of this Act or a relevant offence within the meaning of a corresponding law, (c) a relevant proceeding within the meaning of this Act or a relevant proceeding within the meaning of a corresponding law, (d) an investigation of a complaint against, or the conduct of, a public officer within the meaning of this Act or a public officer within the meaning of a corresponding law and the oversight of such an investigation, (e) the making of a decision in relation to the appointment, re-appointment, term of appointment, promotion or retirement of a person referred to in paragraph (d) or the making of any managerial decision with respect to such a person, (f) the keeping of records and making of reports by—
(i) a law enforcement agency in accordance with the obligations imposed by Division 2, or (ii) a law enforcement agency (within the meaning of a corresponding law) in accordance with the obligations imposed by provisions of the corresponding law that correspond to Division 2, (g) an inspection by the Inspector under section 48 or an inspection under a provision of a corresponding law that corresponds to section 48, (h) an inquiry or investigation under the or of the law of a participating jurisdiction or of the Commonwealth concerning the privacy of personal information. Privacy and Personal Information Protection Act 1998
(1) A person to whom a surveillance device warrant is issued must, within the time specified in the warrant, furnish a report, in writing, to an eligible Judge (if the warrant was issued by an eligible Judge) or eligible Magistrate (if the warrant was issued by an eligible Magistrate) and to the Attorney General—
(a) stating whether or not a surveillance device was used pursuant to the warrant, and (b) specifying the type of surveillance device (if any) used, and (c) specifying the name, if known, of any person whose private conversation was recorded or listened to, or whose activity was recorded, by the use of the device, and (d) specifying the period during which the device was used, and (e) containing particulars of any premises or vehicle on or in which the device was installed or any place at which the device was used, and (f) containing particulars of the general use made or to be made of any evidence or information obtained by the use of the device, and (g) containing particulars of any previous use of a surveillance device in connection with the relevant offence in respect of which the warrant was issued, and (h) in the case of a surveillance device warrant issued in this jurisdiction and executed in a participating jurisdiction—
(i) giving details of the benefit to the investigation of the use of the relevant surveillance device and of the general use made or to be made of any evidence or information obtained by the use of the device, and (ii) giving details of the compliance with the conditions (if any) to which the warrant was subject. (2) A person to whom an approval is given in respect of the use of a surveillance device in an emergency without a warrant must, within the time specified by the eligible Judge who gave the approval, furnish a report, in writing, to an eligible Judge and to the Attorney General—
(a) specifying the type of surveillance device used, and (b) specifying the name, if known, of any person whose private conversation was recorded or listened to, or whose activity was recorded, by the use of the device, and (c) specifying the period during which the device was used, and (d) containing particulars of any premises or vehicle on or in which the device was installed or any place at which the device was used, and (e) containing particulars of the general use made or to be made of any evidence or information obtained by the use of the device, and (f) containing particulars of any previous use of a surveillance device in connection with the relevant offence in respect of which the approval was given.
(1) The Attorney General is to prepare a report as soon as practicable after the end of each financial year, and in any event within 3 months after the end of the financial year, that includes the following information in respect of the financial year concerned—
(a) the number of applications for warrants by, and the number of warrants issued to, law enforcement officers during that year, (b) the number of applications for emergency authorisations by, and the number of emergency authorisations given to, law enforcement officers during that year, (b1) the number of remote applications made by law enforcement officers during that year for surveillance device warrants to be issued in this jurisdiction and executed in a participating jurisdiction, (b2) the number of applications made by law enforcement officers for surveillance device warrants to be issued in this jurisdiction and executed in a participating jurisdiction that were refused during that year, and the reasons for refusal, (b3) the number of applications for extensions of surveillance device warrants issued in this jurisdiction and executed in a participating jurisdiction, made by law enforcement officers during that year, the number of extensions granted or refused and the reason why they were granted or refused, (b4) the number of arrests made by law enforcement officers during that year on the basis (wholly or partly) of information obtained by the use of a surveillance device under a surveillance device warrant or emergency authorisation issued in this jurisdiction and executed in a participating jurisdiction, (b5) the number of prosecutions that were commenced in this jurisdiction during that year in which information obtained by the use of a surveillance device under a surveillance device warrant or emergency authorisation issued in this jurisdiction and executed in a participating jurisdiction was given in evidence, and the number of those prosecutions in which a person was found guilty, (c) any other information relating to the use of surveillance devices and the administration of this Act that the Attorney General considers appropriate. (2) The information referred to in subsection (1)(a)–(b3) must be presented in such a way as to identify the number of warrants issued and emergency authorisations given in respect of each different kind of surveillance device.
(1) The Secretary of the Department of Justice, in consultation with the Minister, must appoint a Surveillance Devices Commissioner.
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act. (1A) The regulations may prescribe the form in which an application under this Act is to be made.
(1) The Secretary of the Department of Justice or delegate is to review the operation of the provisions of this Act inserted by the . Surveillance Devices Amendment (Police Body-Worn Video) Act 2014
(Section 60)