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NSW - SURVEILLANCE DEVICES ACT 2007


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SURVEILLANCE DEVICES ACT 2007

TABLE OF PROVISIONS

Long Title

PART 1 - PRELIMINARY

1. Name of Act
2. Commencement
3. Relationship to other laws and matters
4. Definitions
5. Eligible Judges and Magistrates
6. Act to bind Crown

PART 2 - REGULATION OF INSTALLATION, USE AND MAINTENANCE OF SURVEILLANCE DEVICES
Note

7. Prohibition on installation, use and maintenance of listening devices
8. Installation, use and maintenance of optical surveillance devices without consent
9. Prohibition on installation, use and maintenance of tracking devices
10. Prohibition on installation, use and maintenance of data surveillance devices
11. Prohibition on communication or publication of private conversations or recordings of activities
12. Possession of record of private conversation or activity
13. Manufacture, supply and possession of listening and other devices for unlawful use
14. Communication and publication of information from the use of a data surveillance device

PART 3 - WARRANTS

Division 1 - Preliminary

15. Types of warrant
16. Who may issue warrants?

Division 2 - Surveillance device warrants

17. Application for a surveillance device warrant
18. Remote application
19. Determining the application
20. What must a surveillance device warrant contain?
21. What a surveillance device warrant authorises
22. Extension and variation of surveillance device warrant
23. Revocation of surveillance device warrant
24. Discontinuance of use of surveillance device under warrant

Division 3 - Retrieval warrants

25. Application for a retrieval warrant
26. Remote application
27. Determining the application
28. What must a retrieval warrant contain?
29. What a retrieval warrant authorises
30. Revocation of retrieval warrant

Division 4 - Emergency authorisations

31. Emergency use of surveillance devices-threat of serious personal violence or substantial property damage
32. Emergency authorisation-continued use of authorised surveillance device in participating jurisdiction
33. Application for approval after use of surveillance device without warrant or under emergency authorisation
34. Consideration of application
35. Eligible Judge may approve emergency use of powers
36. Admissibility of evidence

PART 4 - RECOGNITION OF CORRESPONDING WARRANTS AND AUTHORISATIONS

37. Corresponding warrants
38. Corresponding emergency authorisation

PART 5 - COMPLIANCE AND MONITORING

Division 1 - Restrictions on use, communication and publication of information

39. What is protected information?
40. Prohibition on use, communication or publication of protected information
41. Dealing with records obtained by use of surveillance devices
42. Protection of surveillance device technologies and methods
43. Protected information in the custody of a court

Division 2 - Reporting and record-keeping

44. Reports to eligible Judge or eligible Magistrate and Attorney General
45. Annual reports
46. Keeping documents connected with warrants and emergency authorisations
47. Register of warrants and emergency authorisations

Division 3 - Inspections

48. Inspection of records by Ombudsman
49. Report on inspection

Division 4 - General

50. Evidentiary certificates

PART 6 - MISCELLANEOUS

51. Particulars of warrants sought under Part 3 to be notified to Attorney General
52. Requirement to inform subject of surveillance
53. Use of assumed names or code-names in warrants
54. Service of documents
55. Time for instituting proceedings for certain offences
56. Consent of Attorney General to prosecutions
57. Offences by corporations
58. Orders for forfeiture
59. Regulations
60. Savings, transitional and other provisions
61, 62. (Repealed)
63. Review of Act
<a href="http://www.austlii.e....html">SCHEDULE 1
Schedule 2 (Repealed)
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WARNING/DISCLAIMER The OZ Stoners cannabis community contains information regarding cannabis & other drugs; it is designed for mature (18+) audiences only. This site in no way condones the use of cannabis by minors. The content here within this cannabis community is for educational & entertainment purposes only. Any buying/selling or trading of illegal cannabis seeds, clones, flowers, resin or oil is strictly prohibited within this cannabis community.