Surveillance Devices Act 1999

A law enforcement officer to whom a warrant is issued, or who is primarily responsible for executing a warrant issued, under this Act must, within the time specified in the warrant, make a report in accordance with this section to the judge or magistrate who issued the warrant.

In the case of a surveillance device warrant, the report must—

state whether the warrant was executed; and

if so—

state the name of each person involved in the execution of the warrant; and

state the kind of surveillance device used; and

state the period during which the device was used; and

state the name, if known, of any person whose conversations or activities were overheard, recorded, monitored, listened to or observed by the use of the device; and

state the name, if known, of any person whose geographical location was determined by the use of a tracking device; and

give details of any premises on which the device was installed or any place at which the device was used; and

give details of any object in or on which the device was installed or any premises where the object was located when the device was installed; and

give details of the benefit to the investigation of the use of the device and of the general use made or to be made of any evidence or information obtained by the use of the device; and

give details of the compliance with the conditions (if any) to which the warrant was subject; and

if the warrant was extended or varied, state—

the number of extensions or variations; and

the reasons for them; and

state whether the chief officer has revoked the warrant under section 20A(2) and, if so state—

whether a Public Interest Monitor was notified of the revocation; and

the reasons why the device was no longer required.

In the case of a retrieval warrant, the report must—

give details of any premises entered, anything opened and any object removed and replaced under the warrant; and

state whether the surveillance device was retrieved under the warrant; and

if the device was not retrieved, state the reason why; and

give details of the compliance with the conditions (if any) to which the warrant was subject; and

state whether the chief officer has revoked the warrant under section 20H(3) and, if so state—

whether a Public Interest Monitor was notified of the revocation; and

the reasons for the revocation.

On receiving a report, the judge or magistrate may order that any information obtained from or relating to the execution of the warrant or any record of that information be dealt with in the way specified in the order.

The judge or magistrate who receives a report may ask a Public Interest Monitor to make submissions as to how the information or record referred to in subsection (4) should be dealt with.

On receiving the request, the Public Interest Monitor is entitled to make submissions to the judge or magistrate in the presence of the judge or magistrate or by phone, fax, email or any other reasonable way.

Without limiting any other power under any Act, court rule or other law, if it is not possible to make a report under subsection (1) to the judge or magistrate who issued the warrant because that judge is no longer a Supreme Court judge or the magistrate is no longer a magistrate, the report may be made to—

another Supreme Court judge, in the case of a warrant issued by a Supreme Court judge; or

another magistrate, in the case of a warrant issued by a magistrate.