1 Name of Regulation
This Regulation is the Surveillance Devices Regulation 2014.
2 Commencement
This Regulation commences on the day on which it is published on the NSW legislation website.
2A Definition
(1) In this Regulation:the Act means the Surveillance Devices Act 2007.Note—The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.(2) Notes included in this Regulation do not form part of this Regulation.cl 2A: Ins 2016 (796), Sch 1 [1].
3 Corresponding laws
The following laws of other jurisdictions are declared to be corresponding laws for the purposes of the definition of corresponding law in section 4 (1) of the Act:(a) the Surveillance Devices Act of the Northern Territory,(b) Chapter 13 of the Police Powers and Responsibilities Act 2000 of Queensland,(c) the Police Powers (Surveillance Devices) Act 2006 of Tasmania,(d) the Surveillance Devices Act 1999 of Victoria.cl 3: Am 2016 (796), Sch 1 [2].
4 Use, communication or publication of police body-worn video
(1) For the purposes of section 40 (4A) (c) of the Act, the information obtained from the use, in accordance with section 50A, of body-worn video equipment by a police officer may be used for the purposes of any one or more of the following:(a) coronial proceedings under the Coroners Act 2009,(b) an administrative decision made under an Act administered by the Minister for Police,(c) any proceedings of a court or tribunal in which the NSW Police Force or the State is a party or in which a member of the NSW Police Force is called as a witness,(d) the investigation of a complaint against, or the conduct of, a member of the NSW Police Force,(e) the investigation of an alleged workplace injury to a member of the NSW Police Force.(2) The information may also be used for the purposes of a media production such as a television, radio or internet broadcast but only if:(a) all content to be used in the media production must be approved by the NSW Police Force, and(b) the body-worn video equipment from which the information was obtained was provided particularly for the purposes of the media production, and(c) the use of the information is otherwise lawful and does not breach any guidelines issued by the Commissioner of Police for the purposes of this subclause.(3) In this clause:use of information includes publication and communication of the information.cl 4: Ins 2016 (796), Sch 1 [3].