New South Wales Consolidated Acts

BIOSECURITY ACT 2015 - SECT 390

390 Application of Surveillance Devices Act 2007

(1) The Surveillance Devices Act 2007 does not--

(a) prevent the Secretary or an authorised officer from imposing a requirement under this Act that an owner or occupier of premises install or use a device on those premises for the purpose of detecting or monitoring the presence of any biosecurity matter or other thing on those premises, or

(b) prevent the owner or occupier from installing or using the device in accordance with that requirement.

(2) The Surveillance Devices Act 2007 does not prevent an authorised officer from exercising a function under this Act of installing or using a device on any premises for the purpose of detecting or monitoring the presence of any biosecurity matter or other thing.

(3) The Surveillance Devices Act 2007 does not prevent the Secretary or an authorised officer from possessing a record of an activity obtained by use of a device installed or used as referred to in this section.

(4) However, this section does not authorise--

(a) the installation or use of a device for the purpose of detecting or monitoring the presence of a person, or

(b) the installation or use of a device for the purpose of overhearing, recording, monitoring or listening to a private conversation, or

(c) the possession, publication or communication of a record of a private conversation obtained by the use of a device.

(5) A record of any conversation obtained by the use of a device under this Act in circumstances that, but for this section, would contravene the Surveillance Devices Act 2007 , is inadmissible as evidence in any criminal proceedings.

(6) A record of any image of a person that is obtained by the use of a device under this Act in circumstances that, but for this section, would contravene the Surveillance Devices Act 2007 , is inadmissible as evidence in any criminal proceedings except with the consent of the person.

(7) Subsection (5) or (6) does not prevent the admission of any part of a record obtained by use of a device that is not a record of a conversation or image of a person.

(8) In this section,
"private conversation" and
"record" have the same meanings as in the Surveillance Devices Act 2007 .