Northern Territory Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SURVEILLANCE DEVICES ACT 2007 (NO 19 OF 2007) - SECT 70

Admissibility in criminal proceeding of information inadvertently obtained

    (1)     This section applies if a private conversation or private activity has inadvertently come to the knowledge of a law enforcement officer or authorised person as a direct or indirect result of the use of a surveillance device under a surveillance device warrant or emergency authorisation.

    (2)     In a criminal proceeding, the law enforcement officer or authorised person may:

    (a)     give evidence of the conversation or activity; or

    (b)     give evidence obtained as a consequence of the conversation or activity coming to the person's knowledge.

    (3)     Subsection (2) applies regardless of whether the warrant or authorisation was issued for a purpose that allowed the evidence to be obtained.

    (4)     However, the evidence is inadmissible if the court is satisfied the application on which the warrant or authorisation was issued was not made in good faith.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback