Western Australian Current Acts Western Australian Current Acts (1) A person who uses
a listening device or an optical surveillance device under section 28 or 29
must deliver without delay a written report to a judge —
(a)
giving particulars of the device used;
(b)
giving particulars of the use of the device and the period during which it was
used;
(c)
specifying the name, if known, of any person whose private conversation was
recorded, monitored or listened to or whose private activity was observed or
visually recorded;
(d)
specifying the circumstances that caused the person to believe that it was
necessary to record, monitor or listen to the private conversation or observe
or visually record the private activity; and
(e)
containing particulars of the general use made or to be made of any evidence
or information obtained by use of the device.
(2) A person who
contravenes subsection (1) commits an offence.
Penalty:
(a) for
an individual: $5 000 or imprisonment for 12 months, or both;
(b) for
a body corporate: $50 000.
(3) Where a report is
given to a judge under subsection (1), the judge may direct that any record of
evidence or information obtained by the use of the surveillance device to
which the report relates be brought before the judge.
(4) A record of
evidence or information brought before a judge under subsection (3) must be
kept in the custody of the court and the judge may order that it be returned,
or made available to any person, or destroyed.