South Australian Current Acts

SURVEILLANCE DEVICES ACT 2016 - SECT 23

23—Confirmation of surveillance device (emergency) authority etc

        (1)         On hearing an application under section 22, the judge—

            (a)         must—

                  (i)         if satisfied that the granting of the surveillance device (emergency) authority, and the exercise of powers under the authority, was justified in the circumstances—

                        (A)         confirm the authority and the exercise of those powers; and

                        (B)         cancel the surveillance device (emergency) authority; and

                  (ii)         if a surveillance device (general) warrant is sought and the judge is satisfied that there are reasonable grounds to issue a warrant in the circumstances—issue a surveillance device (general) warrant in accordance with section 19; and

            (b)         may, if not satisfied that the circumstances justified the granting of the surveillance device (emergency) authority, make 1 or more of the following orders:

                  (i)         an order that the use of the surveillance device cease;

                  (ii)         an order that, subject to any conditions the judge thinks fit, the device be retrieved;

                  (iii)         an order that any information obtained from or relating to the exercise of powers under the authority, or any record of that information, be dealt with in the way specified in the order;

                  (iv)         any other order as the judge thinks fit.

        (2)         If a judge confirms a surveillance device (emergency) authority, and the exercise of powers under the authority, evidence obtained through the exercise of those powers is not inadmissible in any proceedings merely because the evidence was obtained before the authority was confirmed.