New South Wales Consolidated Acts

SURVEILLANCE DEVICES ACT 2007 - SECT 44

44 Reports to eligible Judge or eligible Magistrate and Attorney General

(1) A person to whom a surveillance device warrant is issued must, within the time specified in the warrant, furnish a report, in writing, to an eligible Judge (if the warrant was issued by an eligible Judge) or eligible Magistrate (if the warrant was issued by an eligible Magistrate) and to the Attorney General--

(a) stating whether or not a surveillance device was used pursuant to the warrant, and

(b) specifying the type of surveillance device (if any) used, and

(c) specifying the name, if known, of any person whose private conversation was recorded or listened to, or whose activity was recorded, by the use of the device, and

(d) specifying the period during which the device was used, and

(e) containing particulars of any premises or vehicle on or in which the device was installed or any place at which the device was used, and

(f) containing particulars of the general use made or to be made of any evidence or information obtained by the use of the device, and

(g) containing particulars of any previous use of a surveillance device in connection with the relevant offence in respect of which the warrant was issued, and

(h) in the case of a surveillance device warrant issued in this jurisdiction and executed in a participating jurisdiction--

(i) giving details of the benefit to the investigation of the use of the relevant surveillance device and of the general use made or to be made of any evidence or information obtained by the use of the device, and

(ii) giving details of the compliance with the conditions (if any) to which the warrant was subject.

(2) A person to whom an approval is given in respect of the use of a surveillance device in an emergency without a warrant must, within the time specified by the eligible Judge who gave the approval, furnish a report, in writing, to an eligible Judge and to the Attorney General--

(a) specifying the type of surveillance device used, and

(b) specifying the name, if known, of any person whose private conversation was recorded or listened to, or whose activity was recorded, by the use of the device, and

(c) specifying the period during which the device was used, and

(d) containing particulars of any premises or vehicle on or in which the device was installed or any place at which the device was used, and

(e) containing particulars of the general use made or to be made of any evidence or information obtained by the use of the device, and

(f) containing particulars of any previous use of a surveillance device in connection with the relevant offence in respect of which the approval was given.

(3) If the person to whom a surveillance device warrant is issued or to whom approval has been given in respect of use of a surveillance device in an emergency without a warrant has died, is no longer a law enforcement officer, is absent or is otherwise unavailable to furnish a report under subsection (1) or (2), it may be furnished by another person on his or her behalf.

(4) If a report is given to an eligible Judge or eligible Magistrate under subsection (1) or (2), the eligible Judge or eligible Magistrate may direct that any record of evidence or information obtained by the use of the surveillance device to which the report relates be brought into the Court, and a person to whom any such direction is given must comply with the direction.

(5) A record brought into the Court under subsection (4) is to be kept in the custody of the Court and may, by order of the Court, be made available to any person.

(6) A person whose application is granted under section 25 must, within the time specified in the retrieval warrant, furnish a report, in writing, to an eligible Judge or eligible Magistrate and to the Attorney General--

(a) stating whether or not the surveillance device concerned was retrieved during the currency of the warrant, and

(b) if the surveillance device was not so retrieved, giving the reasons why it was not retrieved, and

(c) in the case of a retrieval warrant issued in this jurisdiction and executed in a participating jurisdiction--

(i) giving details of any premises entered, anything opened and any object removed or replaced under the warrant, and

(ii) giving details of the compliance with the conditions (if any) to which the warrant was subject.

Maximum penalty (subsections (1), (2) and (6)): 20 penalty units or imprisonment for a term of 12 months, or both.