Crimes (Surveillance Devices) Act 2010

This Act (other than part 5A) does not affect any other territory law that prohibits or regulates the use of surveillance devices wholly within the ACT.

Territory law includes the common law (see Legislation Act, dict, pt 1, def territory law and law, of the Territory).

A function conferred in relation to the activities of the Australian Crime Commission under this Act is only conferred for the purpose of the function conferred on the Australian Crime Commission under the Australian Crime Commission (ACT) Act 2003 relating to suspected serious and organised crime as defined in that Act.

This Act does not stop a law enforcement officer from using an optical surveillance device in a place where the presence of a police officer is not an offence.

This Act does not limit a discretion that a court has—

to admit or exclude evidence in any proceeding; or

to stay criminal proceedings in the interests of justice.

To remove any doubt, a warrant may be issued, or an emergency authorisation given, in the ACT under this Act for the installation, use, maintenance or retrieval of a surveillance device in the ACT or a participating jurisdiction or both.

The following Acts do not apply in relation to activities, documents and records under this Act:

the Freedom of Information Act 2016;

the Territory Records Act 2002.