South Australian Current Acts

SURVEILLANCE DEVICES ACT 2016 - SECT 37

37—Power to seize surveillance devices etc

        (1)         If an officer of an investigating agency suspects on reasonable grounds that—

            (a)         a person has possession, custody or control of a declared surveillance device without the consent of the Minister; or

            (b)         any other offence against this Act has been, is being or is about to be committed with respect to a surveillance device or information derived from the use of a surveillance device,

the officer may seize the device or a record of the information.

        (2)         An officer referred to in subsection (1) may—

            (a)         break into, enter and search any premises in which the officer suspects on reasonable grounds there is a device or record liable to seizure under this section; and

            (b)         stop, detain and search, or detain and search, any vehicle that the officer suspects on reasonable grounds contains a device or record liable to seizure under this section; and

            (c)         detain and search any person who the officer suspects on reasonable grounds has possession of a device or record liable to seizure under this section.

        (3)         If a device or record has been seized under this section, the device or record must, subject to any order of a court, be returned to its owner—

            (a)         if no proceedings are instituted for an offence against this Act involving the device or record of information—at the expiration of 2 months from the date of seizure; or

            (b)         if such proceedings are instituted—when those proceedings are finally determined.