New South Wales Consolidated Acts

SURVEILLANCE DEVICES ACT 2007 - SECT 45

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,

(b1) the number of remote applications made by law enforcement officers during that year for surveillance device warrants to be issued in this jurisdiction and executed in a participating jurisdiction,

(b2) the number of applications made by law enforcement officers for surveillance device warrants to be issued in this jurisdiction and executed in a participating jurisdiction that were refused during that year, and the reasons for refusal,

(b3) the number of applications for extensions of surveillance device warrants issued in this jurisdiction and executed in a participating jurisdiction, made by law enforcement officers during that year, the number of extensions granted or refused and the reason why they were granted or refused,

(b4) the number of arrests made by law enforcement officers during that year on the basis (wholly or partly) of information obtained by the use of a surveillance device under a surveillance device warrant or emergency authorisation issued in this jurisdiction and executed in a participating jurisdiction,

(b5) the number of prosecutions that were commenced in this jurisdiction during that year in which information obtained by the use of a surveillance device under a surveillance device warrant or emergency authorisation issued in this jurisdiction and executed in a participating jurisdiction was given in evidence, and the number of those prosecutions in which a person was found guilty,

(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)-(b3) 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.