South Australian Current Acts South Australian Current Acts (1) The chief officer
of an investigation agency (other than the ACC) must, in relation to
surveillance device warrants issued to officers of the agency under this Act
give to the Minister—
(a) as
soon as practicable after the issue, variation or cancellation of a warrant, a
copy of the warrant, the warrant as varied or the instrument of cancellation
(as the case may be); and
(b)
within 3 months after a warrant ceases to be in force, a written report
of—
(i)
the use made of information obtained by use of a
surveillance device to which the warrant related; and
(ii)
the communication of that information to persons other
than officers of the agency; and
(c) as
soon as practicable (but not later than 2 months) after each
30 June, the following information relating to the year ending on that
30 June:
(i)
in relation to—
(A) applications for surveillance device
(tracking) warrants; and
(B) applications for surveillance device
(general) warrants; and
(C) applications for surveillance device
(general) warrants by telephone under section 18; and
(D) applications for variation of warrants;
and
(E) renewal applications for warrants; and
(F) applications for warrants that included
authorisation to enter or interfere with any premises, vehicle or thing,
how many such applications were made, how many were withdrawn or refused, and
how many were successful;
(ii)
in relation to surveillance device (emergency)
authorities—
(A) how many applications for
surveillance device (emergency) authorities were made, how many were withdrawn
or refused, and how many were successful; and
(B) how many applications for confirmation
of the surveillance device (emergency) authority and the exercise of powers
under the authority were made, and how many were successful;
(iii)
the average of the respective periods specified in
original warrants issued on applications made during that year as the periods
for which the warrants were to be in force;
(iv)
the average of the respective periods for which those
warrants were actually in force;
(v)
the average of the respective periods specified in
renewal warrants issued on applications made during that year as the periods
for which the renewals were to be in force;
(vi)
a general description of—
(A) the uses made during that year of
information obtained by use of surveillance devices to which a warrant
related; and
(B) the communication of that information
to persons other than officers of the agency;
(vii)
the number of arrests made during that year on the basis
or partly on the basis of information obtained by use of a surveillance device
to which a warrant related;
(viii)
the number of prosecutions instituted during that period
in which information obtained by such use of a surveillance device formed part
of the basis of the decision to prosecute;
(ix)
the number of occasions during that period on which
information obtained by such use of a surveillance device was given in
evidence in the course of a prosecution;
(x)
the number of persons found guilty of an offence in
consequence of those prosecutions during that period;
(xi)
the number of persons who pleaded guilty to the charge of
an offence in consequence of those prosecutions during that period; and
(d) a
report on any other matter specified by the Minister at a time specified by
the Minister.
(2) The reports and
information required to be given to the Minister under subsection (1)
must distinguish between surveillance device (general) warrants authorising
the use of listening devices and other surveillance device (general) warrants.
(3) Subject to the
regulations and any determinations of the Minister, the chief officer of an
investigating agency must include in each report to the Minister under
subsection (1)(c) the following information:
(a) the
number of occasions on which a police officer or a person authorised by an
officer of the agency acting in the course of his or her duty used a
listening device under section 4(2)(b)(iii) (an "approved undercover
operation exemption ) during the period to which the report relates;
(b) the
number of occasions on which, in prescribed circumstances, an officer of the
agency—
(i)
used a listening device otherwise than under an approved
undercover operation exemption, surveillance device (general) warrant or
surveillance device (emergency) authority; or
(ii)
used some other surveillance device that was not
installed through the exercise of powers under a surveillance device (general)
warrant, surveillance device (tracking) warrant or surveillance device
(emergency) authority,
during the period to which the report relates;
(c) a
general description of—
(i)
the uses made during that period of information obtained
by such use of a surveillance device; and
(ii)
the communication of that information to persons other
than officers of the agency;
(d) the
number of arrests made during that period on the basis or partly on the basis
of information obtained by such use of a surveillance device;
(e) the
number of prosecutions instituted during that period in which information
obtained by such use of a surveillance device formed part of the basis of the
decision to prosecute;
(f) the
number of occasions during that period on which information obtained by such
use of a surveillance device was given in evidence in the course of a
prosecution;
(g) the
number of persons found guilty of an offence in consequence of those
prosecutions during that period;
(h) the
number of persons who pleaded guilty to the charge of an offence in
consequence of those prosecutions during that period;
(i)
any other information prescribed by regulation or
specified by the Minister.
(4) The chief officer
of an investigating agency must keep such records as are necessary to enable
compliance with this section, including records of the persons (other than
police officers) to whom that information has been communicated.
(5) The Minister must
cause a report to be prepared on or before 31 October in each year
containing—
(a) the
information furnished to the Minister under subsection (1)(c) in relation
to the year ending on the previous 30 June; and
(b) any
similar information relating to warrants issued to members of the Board of the
ACC or members of the staff of the ACC furnished to the Minister by the ACC in
relation to the year ending on the previous 30 June; and
(c) from
reports made to the Minister by the ACC, a general description of—
(i)
the uses made during that year of information obtained by
use of surveillance devices; and
(ii)
the communication of that information to persons other
than members of the Board of the ACC or members of the staff of the ACC.
(6) The Minister must,
within 12 sitting days of receiving a report prepared under
subsection (5), have copies of the report laid before both Houses of
Parliament.