Surveillance Devices Act 2004

The Ombudsman must inspect the records of a law enforcement agency, except the Australian Crime Commission, to determine the extent of compliance with this Act by the agency and law enforcement officers of the agency.

Inspections of the Australian Crime Commission, including inspections relating to the extent of compliance with this Act by the Australian Crime Commission, are undertaken by the Inspector‑General of Intelligence and Security under the Inspector‑General of Intelligence and Security Act 1986.

Subsection (1) does not apply to compliance with:

Division 6 of Part 2 (network activity warrants); or

the remaining provisions of this Act so far as they relate to network activity warrants.

The Ombudsman may inspect the records of a law enforcement agency to determine the extent of compliance during any period with the conditions and provisions mentioned in subsection 49A(2) (about Part 5.3 warrants or Part 9.10 warrants) by the agency and law enforcement officers of the agency if:

the chief officer of the agency notifies the Ombudsman under that subsection of a contravention of those conditions or provisions; and

the contravention occurred in that period.

This subsection does not apply in relation to records of the Australian Crime Commission, as that agency does not provide notifications to the Ombudsman under section 49A.

If:

the performance of a function, or the exercise of a power, conferred by Part 15 of the Telecommunications Act 1997 is in connection with a warrant; and

a law enforcement agency has records that relate to the performance of that function or the exercise of that power; and

the law enforcement agency is not the Australian Crime Commission;

For the purpose of an inspection under this section, the Ombudsman:

after notifying the chief officer of the agency, may enter at any reasonable time premises occupied by the agency; and

is entitled to have full and free access at all reasonable times to all records of the agency that are relevant to the inspection; and

despite any other law, is entitled to make copies of, and to take extracts from, records of the agency; and

may require a member of staff of the agency to give the Ombudsman any information that the Ombudsman considers necessary, being information that is in the member’s possession, or to which the member has access, and that is relevant to the inspection.

The chief officer must ensure that members of staff of the agency give the Ombudsman any assistance the Ombudsman reasonably requires to enable the Ombudsman to perform functions under this section.

While an operation is being conducted under a warrant, emergency authorisation or tracking device authorisation, the Ombudsman may refrain from inspecting any records of the agency concerned that are relevant to the obtaining or execution of that warrant or authorisation.