South Australian Current Acts South Australian Current Acts36—Possession etc of declared surveillance device
(1) The Minister may,
by notice in the Gazette, declare that this section applies to a surveillance
device or a surveillance device of a class or kind specified in the notice.
(2) The Minister may,
by further notice in the Gazette, revoke or amend a declaration under
subsection (1).
(3) A person must not,
without the consent of the Minister, have in his or her possession, custody or
control any declared surveillance device.
Maximum penalty:
(a) in
the case of a body corporate—$50 000;
(b) in
the case of a natural person—$10 000 or imprisonment for
2 years.
(4) The consent of the
Minister under this section—
(a) must
be given by notice in the Gazette; and
(b) may
be expressed to relate to the possession, custody or control of a
surveillance device or to any surveillance device of a class or kind; and
(c) may
be expressed to apply to persons of a specified class; and
(d) may
be expressed to be subject to such conditions, limitations or restrictions as
the Minister considers necessary or expedient; and
(e) may
be revoked at any time by the Minister by further notice in the Gazette (and,
on revocation, the consent ceases to have effect).
(5) For the purposes
of this section, having the possession, custody or control of a
surveillance device in contravention of a condition, limitation or restriction
imposed by the Minister will be taken to be having the possession, custody or
control of that device without the consent of the Minister.
(6) The Minister may
delegate any of his or her powers under this section to the chief executive of
an administrative unit of the Public Service.
(7) A delegation under
this section—
(a) must
be in writing; and
(b) may
be conditional or unconditional; and
(c) is
revocable at will; and
(d) does
not prevent the delegator from acting in any manner.