Division 2 Reporting and record-keeping

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.

(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 for the purpose by the eligible Judge or eligible Magistrate granting the application, 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.

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

45   Annual reports

(1)  The Attorney General is to prepare a report as soon as practicable after the end of each financial year, and in any event within 3 months after the end of the financial year, that includes the following information in respect of the financial year concerned:

(a)  the number of applications for warrants by, and the number of warrants issued to, law enforcement officers during that year,

(b)  the number of applications for emergency authorisations by, and the number of emergency authorisations given to, law enforcement officers during that year,

(c)  any other information relating to the use of surveillance devices and the administration of this Act that the Attorney General considers appropriate.

(2)  The information referred to in subsection (1) (a) and (b) must be presented in such a way as to identify the number of warrants issued and emergency authorisations given in respect of each different kind of surveillance device.

(3)  The Attorney General may require the chief officer of a law enforcement agency to furnish such information relating to the use of surveillance devices by law enforcement officers of the agency as is necessary to enable the Attorney General to prepare the report.

(4)  The Attorney General must lay (or cause to be laid) a copy of each report under this section before both Houses of Parliament within 15 sitting days after the report is prepared.

(5)  If a House of Parliament is not sitting when the Attorney General seeks to lay a report before it, the Attorney General is to present a copy of the report to the Clerk of the House of Parliament.

(6)  The report:

(a)  is, on presentation and for all purposes, taken to have been laid before the House, and

(b)  may be printed by authority of the Clerk of the House, and

(c)  if so printed, is taken to be a document published by or under the authority of the House, and

(d)  is to be recorded:

(i)  in the case of the Legislative Council—in the Minutes of the Proceedings of the Legislative Council, and

(ii)  in the case of the Legislative Assembly—in the Votes and Proceedings of the Legislative Assembly,

      on the first sitting day of the House after receipt of the copy of the report by the Clerk.

46   Keeping documents connected with warrants and emergency authorisations

The chief officer of a law enforcement agency must cause to be kept records containing such information as is determined by the Attorney General in consultation with the chief officer with respect to warrants and emergency authorisations sought and obtained by, and the use of surveillance devices and information obtained from use of surveillance devices by, the agency or law enforcement officers of the agency.

47   Register of warrants and emergency authorisations

(1)  The chief officer of a law enforcement agency must cause a register of warrants and emergency authorisations to be kept.

(2)  The register is to specify, for each warrant issued to a law enforcement officer of the agency:

(a)  the date of issue of the warrant, and

(b)  the name of the eligible Judge or eligible Magistrate who issued the warrant, and

(c)  the name of the law enforcement officer named in the warrant as the person primarily responsible for executing it, and

(d)  the relevant offence in relation to which the warrant is issued, and

(e)  the period during which the warrant is in force, and

(f)  details of any variation or extension of the warrant.

(3)  The register is to specify, for each emergency authorisation given to a law enforcement officer of the agency:

(a)  the date the emergency authorisation was given, and

(b)  the name of the senior officer who gave the emergency authorisation, and

(c)  the name of the law enforcement officer to whom the emergency authorisation was given, and

(d)  the relevant offence in relation to which the emergency authorisation was given, and

(e)  the date on which the application for approval of powers exercised under the emergency authorisation was made.