New South Wales Consolidated Acts

SURVEILLANCE DEVICES ACT 2007 - SECT 46A

46A Keeping documents and records connected with warrants and emergency authorisations executed in participating jurisdictions

(1) The chief officer of a law enforcement agency must cause a copy of the following documents to be kept in relation to the use or retrieval of a surveillance device in a participating jurisdiction--

(a) each warrant issued to a law enforcement officer of the agency,

(b) each notice given to the chief officer of the revocation of a warrant,

(c) each emergency authorisation given to a law enforcement officer of the agency,

(d) each application made by a law enforcement officer of the agency for an emergency authorisation,

(e) each application made by a law enforcement officer of the agency for--

(i) a warrant, or

(ii) an extension, variation or revocation of a warrant, or

(iii) approval of the exercise of powers under an emergency authorisation,

(f) each report made to a Judge or Magistrate under section 44,

(g) each certificate issued by a senior officer of the agency under section 50.

(2) The chief officer of a law enforcement agency must cause the following information to be kept in relation to the use or retrieval of a surveillance device in a participating jurisdiction--

(a) a statement as to whether each application made by a law enforcement officer of the agency for a warrant, or the extension, variation or revocation of a warrant, was granted, refused or withdrawn,

(b) a statement as to whether each application made by a law enforcement officer of the agency for an emergency authorisation, or for approval of powers exercised under an emergency authorisation, was granted, refused or withdrawn,

(c) details of each use by the agency, or by a law enforcement officer of the agency, of information obtained by the use of a surveillance device by a law enforcement officer of the agency,

(d) details of each communication by a law enforcement officer of the agency to a person other than a law enforcement officer of the agency of information obtained by the use of a surveillance device by a law enforcement officer of the agency,

(e) details of each occasion when, to the knowledge of a law enforcement officer of the agency, information obtained by the use of a surveillance device by a law enforcement officer of the agency was given in evidence in a relevant proceeding,

(f) details of the destruction of records or reports under section 41(1)(b).