South Australian Current Acts

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SURVEILLANCE DEVICES ACT 2016 - SECT 29

29—Register

        (1)         The chief officer of an investigating agency (other than the ACC) must keep a register of warrants and authorities issued to the agency under this Act.

        (2)         The register must contain the following information in relation to each surveillance device warrant issued to the investigating agency (other than a warrant issued to an officer of the agency during a period of secondment to a position outside the agency):

            (a)         in the case of a surveillance device (general) warrant—

                  (i)         the date of issue of the warrant and the period for which the warrant is to be in force; and

                  (ii)         the name of the judge who issued the warrant; and

                  (iii)         the name of the applicant for the warrant or, if the warrant specified a code name in respect of the applicant, that code name; and

                  (iv)         the rank of the applicant for the warrant; and

                  (v)         the name or, if the name is unknown, a general description of the person subject to the investigation in relation to which the warrant was issued; and

                  (vi)         if the application for the warrant was by telephone under section 18—the date on which the applicant forwarded an affidavit and copy of the duplicate surveillance device (general) warrant to the judge as required under that section; and

                  (vii)         if the warrant was issued following confirmation by a judge of a surveillance device (emergency) authority and the exercise of powers under the authority under section 23—that fact; and

                  (viii)         if an application for variation of the warrant was made—the date of the application and details of the variation (if any) granted; and

                  (ix)         the date of any renewal of the warrant and the period for which the renewed warrant is to be in force; and

                  (x)         the period for which the warrant was actually in force (including any periods for which it was in force following renewal) and the date on which the warrant ceased to be in force;

            (b)         in the case of a surveillance device (tracking) warrant—

                  (i)         the date of issue of the warrant and the period for which the warrant is to be in force; and

                  (ii)         the name of the applicant for the warrant or, if the warrant specified a code name in respect of the applicant, that code name; and

                  (iii)         the rank of the applicant for the warrant; and

                  (iv)         the name or, if the name is unknown, a general description of the person subject to the investigation in relation to which the warrant was issued; and

                  (v)         if an application for variation of the warrant was made—the date of the application and details of the variation (if any) granted; and

                  (vi)         the date of any renewal of the warrant and the period for which the renewed warrant is to be in force; and

                  (vii)         the period for which the warrant was actually in force (including any periods for which it was in force following renewal) and the date on which the warrant ceased to be in force;

            (c)         in any case—

                  (i)         the dates of any arrests made on the basis or partly on the basis of information obtained by use of the surveillance device to which the warrant relates; and

                  (ii)         the dates on which any prosecutions were instituted in which information obtained by use of the surveillance device formed part of the basis of the decision to prosecute; and

                  (iii)         the dates on which any persons were found guilty of offences in consequence of those prosecutions; and

                  (iv)         the dates on which any persons pleaded guilty to the charge of an offence in consequence of those prosecutions; and

                  (v)         such other matters as may be prescribed by regulation.

        (3)         The register must contain the following information in relation to each surveillance device (emergency) authority granted to an officer of the investigating agency under this Act in respect of a matter:

            (a)         the date on which the surveillance device (emergency) authority was granted;

            (b)         the name of the applicant for the surveillance device (emergency) authority or, if the authority specified a code name in respect of the applicant, that code name;

            (c)         the rank of the applicant;

            (d)         the kind of surveillance device to which the surveillance device (emergency) authority related;

            (e)         if an application was made to a judge under section 23—whether the judge did either or both of the following:

                  (i)         confirmed the surveillance device (emergency) authority and the exercise of powers under the authority;

                  (ii)         issued a surveillance device (general) warrant in respect of the matter.



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