Western Australian Current Acts

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SURVEILLANCE DEVICES ACT 1998 - SECT 23

23 .         Confidentiality

        (1)         An application for a warrant under this Part to a court must not be heard in open court.

        (2)         The following material must not be made available by a court for search by any person except on the direction of a judge, or in the case of an application made under this Part to a magistrate, of the Chief Magistrate —

            (a)         an application to the court under this Part and any material relating to it including any record of it or of the hearing of it;

            (b)         any orders made on such an application;

            (c)         any warrant issued on such an application;

            (d)         any written report delivered to a judge under section 21(4);

            (e)         any record of evidence or information brought before a judge under section 21(8).

        (3)         A direction is not to be given under subsection (2) if, in the opinion of the judge or the Chief Magistrate as the case requires, it could result in the publication of any matter contrary to section 151 of the Corruption, Crime and Misconduct Act 2003 .

        [Section 23 amended: No. 78 of 2003 s. 74; No. 59 of 2004 s. 141; No. 35 of 2014 s. 39.]



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