(1) A judge may make
an order that a person may publish or communicate a private conversation, or a
report or record of a private conversation, or a record of a private activity
that has come to the person’s knowledge as a direct or indirect result
of the use of a listening device or an optical surveillance device under
Division 2 or 3, if the judge is satisfied, upon application being made in
accordance with section 32, that the publication or communication should be
made to protect or further the public interest.
(2) A judge, when
making an order under subsection (1), may impose such conditions or
restrictions as the judge considers necessary in the circumstances.
(3) Upon an
application made under section 32 a judge may make an order that a report or
record of a private conversation, or a record of a private activity —
(a) be
made available to any person or destroyed;
(b) be
delivered to —
(i)
the police force of the State or of another State or a
Territory;
(ia) the
Corruption and Crime Commission;
(ib) the
Parliamentary Inspector of the Corruption and Crime Commission;
(ii)
a designated Commission;
(iii)
the Australian Federal Police; or
(iv)
the Australian Crime Commission;
or
(c) be
kept in the custody of the court if the judge is satisfied that it is
necessary to protect or further the public interest.
[Section 31 amended: No. 78 of 2003 s. 74; No. 74
of 2004 s. 72(3); No. 30 of 2006 s. 23.]