South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
6B—Reports and records relating to warrants etc
(1) The chief officer
of an investigating agency (other than the ACC) must, in relation to warrants
issued to the agency, 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 three months after a warrant ceases to be in force, a written report
of—
(i)
the use made of information obtained by use of a
listening or surveillance device to which the warrant related; and
(ii)
the communication of that information to persons other
than police officers; and
(c) as
soon as practicable (but not later than two months) after each 30 June, the
following information relating to the year ending on that 30 June—
(i)
in relation to—
(A) applications for warrants; and
(B) applications for warrants by telephone
under section 6A
; and
(BA) applications for
variation of warrants; and
(C) renewal applications for warrants; and
(D) 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how many such applications were made, how many were withdrawn or refused and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; and
(ii)
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; and
(iii)
the average of the respective periods for which those
warrants were actually in force; and
(iv)
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; and
(v)
a general description of—
(A) the uses made during that year of
information obtained by use of listening or surveillance devices to which a
warrant related; and
(B) the communication of that information
to persons other than police officers; and
(vi)
—
(A) the number of arrests made during that
year in connection with the performance by the agency of its functions; and
(B) the number of arrests made during that
year on the basis or partly on the basis of information obtained by use of a
listening or surveillance device to which a warrant related; and
(vii)
—
(A) the number of prosecutions instituted
during that period in which information obtained by such use of a listening or
surveillance device formed part of the basis of the decision to prosecute; and
(B) the number of occasions during that
period on which information obtained by such use of a listening or
surveillance device was given in evidence in the course of a prosecution; and
(C) the number of persons found guilty of
an offence in consequence of those prosecutions during that period; and
(D) 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.
(1a) The reports and
information required to be given to the Minister under subsection (1)
must distinguish between warrants authorising the use of listening devices and
other warrants.
(1b) 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, in prescribed circumstances, a police
officer—
(i)
used a listening device otherwise than under a warrant;
or
(ii)
used a surveillance device that was not installed through
the exercise of powers under a warrant,
during the period to which the report relates;
(b) a
general description of—
(i)
the uses made during that period of information obtained
by such use of a listening or surveillance device; and
(ii)
the communication of that information to persons other
than police officers;
(c) the
number of arrests made during that period on the basis or partly on the basis
of information obtained by such use of a listening or surveillance device;
(d) the
number of prosecutions instituted during that period in which information
obtained by such use of a listening or surveillance device formed part of the
basis of the decision to prosecute;
(e) the
number of occasions during that period on which information obtained by such
use of a listening or surveillance device was given in evidence in the course
of a prosecution;
(f) the
number of persons found guilty of an offence in consequence of those
prosecutions during that period;
(g) the
number of persons who pleaded guilty to the charge of an offence in
consequence of those prosecutions during that period;
(h) any
other information prescribed by regulation or specified by the Minister.
(2) 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.
(3) 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 listening or 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.
(4) The Minister must,
within 12 sitting days of receiving a report prepared under subsection (3)
, have copies of the report laid before both Houses of Parliament.