Victorian Current Acts

SURVEILLANCE DEVICES ACT 1999 - SECT 30G

    (1)     Corresponding protected information may be used, communicated or published if it is necessary to do so for any of the following purposes—

        (a)     the investigation of a relevant offence within the meaning of this Act or a relevant offence within the meaning of a corresponding law;

        (b)     the making of a decision whether or not to bring—

              (i)     a relevant proceeding in respect of a relevant offence; or

              (ii)     a relevant proceeding within the meaning of a corresponding law in respect of a relevant offence within the meaning of that law;

        (c)     a relevant proceeding in respect of a relevant offence, or a relevant proceeding within the meaning of a corresponding law in respect of a relevant offence within the meaning of that law;

        (d)     an investigation of a complaint against, or the conduct of, a public officer within the meaning of this Act or a public officer within the meaning of a corresponding law;

        (e)     the making of a decision in relation to the appointment, re-appointment, term of appointment, termination or retirement of a person referred to in paragraph (d);

        (f)     the keeping of records and the making of reports by a law enforcement agency (within the meaning of a corresponding law) in accordance with the obligations imposed by provisions of the corresponding law that correspond to Division 2;

        (g)     an inspection under a provision of a corresponding law that corresponds to section 30P;

S. 30G(1)(h) amended by No. 60/2014 s. 140(Sch. 3 item 45.2).

        (h)     an investigation under the Privacy and Data Protection Act 2014 or the law
of a participating jurisdiction or of the Commonwealth concerning the privacy of personal information.

    (2)     Subsection (1)(a), (b) and (c) do not authorise the use, communication or publication of protected information in respect of a corresponding emergency authorisation unless the use of powers under that authorisation has been approved under the provisions of a corresponding law that correspond to section 30.

    (3)     A reference in subsection (1) to a relevant offence (whether of this jurisdiction or any other jurisdiction) is a reference to a relevant offence, whether or not the offence in respect of which the relevant corresponding warrant or emergency authorisation was issued or given.

    (4)     In this section—

"corresponding protected information" means—

        (a)     any information obtained from the use of a surveillance device under a corresponding warrant or corresponding emergency authorisation; or

        (b)     any information relating to—

              (i)     an application for, issue of, existence of or expiry of a corresponding warrant or corresponding emergency authorisation; or

              (ii)     an application under a corresponding law for approval of powers exercised under a corresponding emergency authorisation.

S. 30H inserted by No. 26/2004 s. 13.