{"id":"a-2010-23","name":"Crimes (Surveillance Devices) Act 2010","slug":"crimes-surveillance-devices-act-2010","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"23 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23372,"registerId":"act-a-2010-23-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Crimes (Surveillance Devices) Act 2010","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCrimes (Surveillance Devices) Act 2010\nA2010-23\nRepublication No 10\nEffective: 30 September 2023\nRepublication date: 30 September 2023\nLast amendment made by A2023-37\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Crimes (Surveillance Devices) Act 2010 (including any amendment\nmade under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on\n30 September 2023. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 30 September 2023.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation Act\n2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR10\n30/09/23\nCrimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCrimes (Surveillance Devices) Act 2010\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Offences against Act—application of Criminal Code etc 2\n6 Purposes of Act 3\n7 Relationship to other laws and matters 3\n8 Investigation taken to be conducted in ACT 4\nPart 2 Warrants\nDivision 2.1 Introduction\n9 Kinds of warrant 5\n10 Who may issue warrants? 5\n\nContents\nPage\ncontents 2 Crimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\nR10\n30/09/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 2.2 Surveillance device warrants\n11 Surveillance device warrant—application 5\n12 Surveillance device warrant—remote application 7\n13 Surveillance device warrant—deciding the application 7\n14 What must a surveillance device warrant contain? 8\n15 What a surveillance device warrant authorises 10\n16 Extension and amendment of surveillance device warrant 12\n17 Revocation of surveillance device warrant 13\n18 Discontinuance of use of surveillance device under warrant 14\nDivision 2.3 Retrieval warrants\n19 Retrieval warrant—application 15\n20 Retrieval warrant—remote application 16\n21 Retrieval warrant—deciding the application 16\n22 What must a retrieval warrant contain? 17\n23 What a retrieval warrant authorises 18\n24 Revocation of retrieval warrant 19\nPart 3 Emergency authorisations\n24A Application of pt 3—integrity commission 20\n25 Emergency authorisation—risk of serious personal violence or\nsubstantial property damage 20\n26 Emergency authorisation—continued use of authorised surveillance\ndevice in participating jurisdiction 21\n27 Application for approval after use of surveillance device under\nemergency authorisation 22\n28 Consideration of application 23\n29 Judge may approve emergency use of powers 24\n30 Admissibility of evidence 25\nPart 4 Recognition of corresponding warrants and\nauthorisations\n31 Corresponding warrants 26\n32 Corresponding emergency authorisations 26\n\nContents\nPage\nR10\n30/09/23\nCrimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Compliance and monitoring\nDivision 5.1 Restrictions on use, communication and publication of\ninformation\n33 What is protected information?—div 5.1 27\n34 Prohibition on communication or publication of protected information 27\n35 Dealing with records obtained by use of surveillance devices 32\n36 Protection of surveillance device technologies and methods 32\n37 Protected information in the custody of a court 33\nDivision 5.2 Reporting and record-keeping\n38 Annual reports 34\n39 Keeping documents connected with warrants and emergency\nauthorisations 35\n40 Other records to be kept 36\n41 Register of warrants and emergency authorisations 38\nDivision 5.3 Inspections\n42 Inspection of records by ombudsman 39\nDivision 5.4 General\n43 Evidentiary certificates 40\nPart 5A Body-worn cameras\n43A Meaning of body-worn camera 42\n43B Use of body-worn cameras by police officers 42\n43C Body-worn cameras—guidelines 44\nPart 6 Miscellaneous\n44 Delegation 45\n45 Regulation-making power 45\nDictionary 46\nEndnotes\n1 About the endnotes 53\n2 Abbreviation key 53\n3 Legislation history 54\n\nContents\nPage\ncontents 4 Crimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\nR10\n30/09/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history 56\n5 Earlier republications 58\n\nR10\n30/09/23\nCrimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCrimes (Surveillance Devices) Act 2010\nAn Act to provide for the authorisation of the installation, use, maintenance and\nretrieval of surveillance devices for law enforcement purposes\n\nPart 1 Preliminary\nSection 1\npage 2 Crimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\nR10\n30/09/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Crimes (Surveillance Devices) Act 2010.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘protected information, for division\n5.1—see section 33.’ means that the term ‘protected information’ is\ndefined in that section for that division.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nPreliminary Part 1\nSection 6\nR10\n30/09/23\nCrimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Purposes of Act\nThe main purposes of this Act are—\n(a) to establish procedures for law enforcement officers to obtain\nwarrants or emergency authorisations for the installation, use,\nmaintenance and retrieval of surveillance devices in criminal\nand corrupt conduct investigations, including investigations\nextending beyond the ACT; and\n(b) to recognise warrants and emergency authorisations issued in\nother jurisdictions; and\n(c) to restrict the use, communication and publication of\ninformation obtained through the use of surveillance devices or\notherwise connected with surveillance device operations; and\n(d) to impose requirements for the secure storage and destruction of\nrecords, and the making of reports to the Legislative Assembly,\nin connection with surveillance device operations; and\n(e) to provide for the use of body-worn cameras by police officers\nin the course of their duties.\n7 Relationship to other laws and matters\n(1) This Act (other than part 5A) does not affect any other territory law\nthat prohibits or regulates the use of surveillance devices wholly\nwithin the ACT.\nNote Territory law includes the common law (see Legislation Act, dict, pt 1,\ndef territory law and law, of the Territory).\n(2) A function conferred in relation to the activities of the Australian\nCrime Commission under this Act is only conferred for the purpose\nof the function conferred on the Australian Crime Commission under\nthe Australian Crime Commission (ACT) Act 2003 relating to\nsuspected serious and organised crime as defined in that Act.\n\nPart 1 Preliminary\nSection 8\npage 4 Crimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\nR10\n30/09/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) This Act does not stop a law enforcement officer from using an\noptical surveillance device in a place where the presence of a police\nofficer is not an offence.\n(4) This Act does not limit a discretion that a court has—\n(a) to admit or exclude evidence in any proceeding; or\n(b) to stay criminal proceedings in the interests of justice.\n(5) To remove any doubt, a warrant may be issued, or an emergency\nauthorisation given, in the ACT under this Act for the installation,\nuse, maintenance or retrieval of a surveillance device in the ACT or\na participating jurisdiction or both.\n(6) The following Acts do not apply in relation to activities, documents\nand records under this Act:\n(a) the Freedom of Information Act 2016;\n(b) the Territory Records Act 2002.\n8 Investigation taken to be conducted in ACT\nFor this Act, an investigation into a relevant offence or corrupt\nconduct is taken to be conducted in the ACT, whether or not it is also\nconducted in another jurisdiction, if a law enforcement officer\nparticipates in the investigation.\nNote This section is intended to cover the situation where a law enforcement\nofficer of the ACT is conducting or participating in an investigation\nwholly in another jurisdiction for the purposes of an offence or corrupt\nconduct against a territory law (eg a law enforcement of the ACT officer\nis investigating a conspiracy to import drugs into the ACT from NSW\nand all the evidence of the offence is in NSW).\n\nWarrants Part 2\nIntroduction Division 2.1\nSection 9\nR10\n30/09/23\nCrimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Warrants\nDivision 2.1 Introduction\n9 Kinds of warrant\n(1) The following kinds of warrant may be issued under this part:\n(a) a surveillance device warrant;\n(b) a retrieval warrant.\n(2) A warrant may be issued in relation to 1 or more kinds of surveillance\ndevice.\n10 Who may issue warrants?\n(1) A judge may issue any warrant under this part.\n(2) A magistrate may issue—\n(a) a surveillance device warrant that authorises the use of a\ntracking device only; or\n(b) a retrieval warrant in relation to a tracking device authorised\nunder a warrant mentioned in paragraph (a), if a magistrate\nissued the original warrant.\nDivision 2.2 Surveillance device warrants\n11 Surveillance device warrant—application\n(1) A law enforcement officer (or another person on the officer’s behalf)\nmay apply for the issue of a surveillance device warrant if the law\nenforcement officer suspects or believes on reasonable grounds\nthat—\n(a) either—\n(i) a relevant offence has been, is being, is about to be, or is\nlikely to be committed; or\n\nPart 2 Warrants\nDivision 2.2 Surveillance device warrants\nSection 11\npage 6 Crimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\nR10\n30/09/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) corrupt conduct has been, is being, is about to be, or is\nlikely to be engaged in; and\n(b) an investigation into that offence or conduct is being, will be or\nis likely to be conducted in the ACT, in the ACT and in 1 or\nmore participating jurisdictions or in 1 or more participating\njurisdictions; and\n(c) the use of a surveillance device in the ACT, in the ACT and in\n1 or more participating jurisdictions or in 1 or more participating\njurisdictions is or will be necessary in the course of that\ninvestigation for the purpose of enabling evidence or\ninformation to be obtained of the commission of the relevant\noffence or corrupt conduct or the identity or location of the\noffender.\n(2) The application may be made to—\n(a) a judge; or\n(b) for an application for a surveillance device warrant authorising\nthe use of a tracking device only—a magistrate.\n(3) An application—\n(a) must state—\n(i) the name of the applicant; and\n(ii) the nature and duration of the warrant sought, including the\nkind of surveillance device sought to be authorised; and\n(b) subject to this section, must be supported by an affidavit setting\nout the grounds on which the warrant is sought.\n(4) An application for a warrant may be made before an affidavit is\nprepared or sworn if a law enforcement officer believes that—\n(a) the immediate use of a surveillance device is necessary for a\npurpose mentioned in subsection (1) (c); and\n\nWarrants Part 2\nSurveillance device warrants Division 2.2\nSection 12\nR10\n30/09/23\nCrimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) it is impracticable for an affidavit to be prepared or sworn before\nan application for a warrant is made.\n(5) If subsection (4) applies, the applicant must—\n(a) give as much information as the judge or magistrate considers is\nreasonably practicable in the circumstances; and\n(b) not later than 72 hours after making the application, send a\nsworn affidavit to the judge or magistrate, whether or not a\nwarrant has been issued.\n(6) An application for a warrant must not be heard in open court.\n12 Surveillance device warrant—remote application\n(1) If a law enforcement officer believes that it is impracticable for an\napplication for a surveillance device warrant to be made in person,\nthe application may be made under section 11 by telephone, fax,\nemail or any other means of communication.\n(2) If transmission by fax is available and an affidavit has been prepared,\nthe person applying must send a copy of the affidavit, whether sworn\nor unsworn, to the judge or magistrate who is to decide the\napplication.\n13 Surveillance device warrant—deciding the application\n(1) A judge or magistrate may issue a surveillance device warrant if\nsatisfied that—\n(a) there are reasonable grounds for the suspicion or belief founding\nthe application for the warrant; and\n(b) for an unsworn application—it would have been impracticable\nfor an affidavit to have been prepared or sworn before the\napplication was made; and\n(c) for a remote application—it would have been impracticable for\nthe application to have been made in person.\n\nPart 2 Warrants\nDivision 2.2 Surveillance device warrants\nSection 14\npage 8 Crimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\nR10\n30/09/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) In deciding whether a surveillance device warrant should be issued,\nthe judge or magistrate must have regard to the following:\n(a) the nature and gravity of the alleged offence or corrupt conduct\nin relation to which the warrant is sought;\n(b) the extent to which the privacy of any person is likely to be\naffected;\n(c) the existence of any alternative means of obtaining the evidence\nor information sought to be obtained and the extent to which\nthose means may assist or prejudice the investigation;\n(d) the evidentiary or intelligence value of any information sought\nto be obtained;\n(e) any previous warrant sought or issued under this division or a\ncorresponding law (if known) in connection with the same\noffence or corrupt conduct.\n14 What must a surveillance device warrant contain?\n(1) A surveillance device warrant must—\n(a) state that the judge or magistrate is satisfied of the matters\nmentioned in section 13 (1) and has had regard to the matters\nmentioned in section 13 (2); and\n(b) state the following:\n(i) the name of the applicant;\n(ii) the alleged offence or corrupt conduct in relation to which\nthe warrant is issued;\n(iii) the date the warrant is issued;\n(iv) the kind of surveillance device authorised to be used;\n(v) if the warrant authorises the use of a surveillance device on\npremises—the premises where the use of the surveillance\ndevice is authorised;\n\nWarrants Part 2\nSurveillance device warrants Division 2.2\nSection 14\nR10\n30/09/23\nCrimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(vi) if the warrant authorises the use of a surveillance device in\nor on an object or class of object—the object or class of\nobject in or on which the use of the surveillance device is\nauthorised;\n(vii) if the warrant authorises the use of a surveillance device in\nrelation to the conversations, activities or geographical\nlocation of a person—the name of the person (if known);\n(viii) the period (not more than 90 days) during which the\nwarrant is in force;\n(ix) the name of the law enforcement officer primarily\nresponsible for executing the warrant;\n(x) any conditions subject to which premises may be entered,\nor a surveillance device may be used, under the warrant.\n(2) For a warrant mentioned in subsection (1) (b) (vii), if the identity of\nthe person is unknown, the warrant must state that fact.\n(3) A warrant must be signed by the person issuing it and include the\nperson’s name.\n(4) If the judge or magistrate issues a warrant on a remote application,\nthe judge or magistrate must—\n(a) tell the applicant—\n(i) the terms of the warrant; and\n(ii) the date and time the warrant was issued; and\n(b) enter the terms and date mentioned in paragraph (a) in a register\nkept by the judge or magistrate for the purpose; and\n(c) give the applicant a copy of the warrant as soon as practicable.\n\nPart 2 Warrants\nDivision 2.2 Surveillance device warrants\nSection 15\npage 10 Crimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\nR10\n30/09/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n15 What a surveillance device warrant authorises\n(1) A surveillance device warrant may authorise, as stated in the warrant,\n1 or more of the following:\n(a) the use of a surveillance device on stated premises;\n(b) the use of a surveillance device in or on a stated object or class\nof objects;\n(c) the use of a surveillance device in relation to the conversations,\nactivities or geographical location of a stated person or a person\nwhose identity is unknown.\n(2) A surveillance device warrant authorises—\n(a) for a warrant mentioned in subsection (1) (a)—\n(i) the installation, use and maintenance of a surveillance\ndevice of the kind stated in the warrant on the stated\npremises; and\n(ii) the entry, by force if necessary, onto the premises, or other\nstated premises adjoining or providing access to the\npremises, for a purpose mentioned in subparagraph (i) or\nsubsection (3);\n(b) for a warrant mentioned in subsection (1) (b)—\n(i) the installation, use and maintenance of a surveillance\ndevice of the kind stated in the warrant in or on the stated\nobject or an object of the stated class; and\n(ii) the entry, by force if necessary, onto any premises where\nthe object, or an object of the class, is believed on\nreasonable grounds to be or is likely to be, or other\npremises adjoining or providing access to those premises,\nfor a purpose mentioned in subparagraph (i) or\nsubsection (3);\n\nWarrants Part 2\nSurveillance device warrants Division 2.2\nSection 15\nR10\n30/09/23\nCrimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) for a warrant mentioned in subsection (1) (c)—\n(i) the installation, use and maintenance of a surveillance\ndevice of the kind stated in the warrant, on premises where\nthe person is believed on reasonable grounds to be or likely\nto be; and\n(ii) the entry, by force if necessary, onto the premises\nmentioned in subparagraph (i), or other premises adjoining\nor providing access to those premises, for a purpose\nmentioned in subparagraph (i) or subsection (3).\n(3) Each surveillance device warrant also authorises the following:\n(a) the retrieval of the surveillance device;\n(b) the installation, use, maintenance and retrieval of any\nenhancement equipment in relation to the surveillance device;\n(c) the temporary removal of an object or vehicle from premises for\nthe purpose of the installation, maintenance or retrieval of the\nsurveillance device or enhancement equipment and the return of\nthe object or vehicle to the premises;\n(d) the breaking open of anything for the purpose of the installation,\nmaintenance or retrieval of the surveillance device or\nenhancement equipment;\n(e) the connection of the surveillance device or enhancement\nequipment to an electricity supply system and the use of\nelectricity from that system to operate the surveillance device or\nenhancement equipment;\n(f) the connection of the surveillance device or enhancement\nequipment to any object or system that may be used to transmit\ninformation in any form and the use of that object or system in\nconnection with the operation of the surveillance device or\nenhancement equipment;\n\nPart 2 Warrants\nDivision 2.2 Surveillance device warrants\nSection 16\npage 12 Crimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\nR10\n30/09/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(g) the provision of assistance or technical expertise to the law\nenforcement officer primarily responsible for executing the\nwarrant in the installation, use, maintenance or retrieval of the\nsurveillance device or enhancement equipment.\n(4) A surveillance device warrant may authorise the doing of anything\nreasonably necessary to conceal the fact that anything has been done\nin relation to the installation, use, maintenance or retrieval of a\nsurveillance device or enhancement equipment under the warrant.\n(5) A law enforcement officer may use a surveillance device under a\nwarrant only if the officer is acting in the performance of the officer’s\nduty.\n(6) This section applies to a surveillance device warrant subject to any\nconditions stated in the warrant.\n(7) Nothing in this section authorises the doing of anything for which a\nwarrant would be required under the Telecommunications\n(Interception and Access) Act 1979 (Cwlth).\n16 Extension and amendment of surveillance device warrant\n(1) A law enforcement officer to whom a surveillance device warrant has\nbeen issued (or another person on the officer’s behalf ) may apply, at\nany time before the expiry of the warrant—\n(a) for an extension of the warrant for a period not exceeding 90\ndays after the day when it would otherwise expire; or\n(b) for an amendment of any of the other terms of the warrant.\n(2) The application must be made to—\n(a) a judge, if the warrant was issued by a judge; or\n(b) a magistrate, if the warrant was issued by a magistrate.\n\nWarrants Part 2\nSurveillance device warrants Division 2.2\nSection 17\nR10\n30/09/23\nCrimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) Section 11 (Surveillance device warrant—application) and section 12\n(Surveillance device warrant—remote application) apply, with any\nnecessary changes, to an application under this section as if it were\nan application for the warrant.\n(4) The judge or magistrate may grant an application, subject to any\nconditions the judge or magistrate thinks fit, if satisfied that the\nmatters mentioned in section 13 (1) (Surveillance device warrant—\ndeciding the application) still exist, having regard to the matters in\nsection 13 (2).\n(5) If the judge or magistrate grants the application, the judge or\nmagistrate must endorse the new expiry date or the other amended\nterm on the original warrant.\n(6) An application may be made under this section more than once.\n17 Revocation of surveillance device warrant\n(1) A surveillance device warrant may be revoked at any time before the\nend of the period of validity stated in it by—\n(a) a judge, if a judge issued the warrant; or\n(b) a magistrate, if a magistrate issued the warrant.\n(2) A judge or magistrate may revoke a surveillance device warrant on\napplication by or on behalf of a law enforcement officer.\n(3) A judge or magistrate who revokes a warrant must give notice of the\nrevocation to the chief officer of the law enforcement agency of\nwhich the law enforcement officer to whom the warrant was issued is\na member.\n(4) If the judge or magistrate revokes the warrant on the application of a\nlaw enforcement officer, the judge or magistrate is taken to have\nnotified the chief officer under subsection (3) when the judge or\nmagistrate revokes the warrant.\n\nPart 2 Warrants\nDivision 2.2 Surveillance device warrants\nSection 18\npage 14 Crimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\nR10\n30/09/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n18 Discontinuance of use of surveillance device under\nwarrant\n(1) This section applies if a surveillance device warrant is issued to a law\nenforcement officer of a law enforcement agency.\n(2) If the chief officer of the law enforcement agency is satisfied that the\nuse of a surveillance device under the warrant is no longer necessary\nfor the purpose of enabling evidence to be obtained of the commission\nof the relevant offence or corrupt conduct or the identity or location\nof the offender, the chief officer must—\n(a) take the steps necessary to ensure that use of the surveillance\ndevice authorised by the warrant is discontinued as soon as\npracticable; and\n(b) ensure an application is made for the revocation of the warrant\nunder section 17.\n(3) If the chief officer is notified that the warrant has been revoked under\nsection 17, the chief officer must take the steps necessary to ensure\nthat use of the surveillance device authorised by the warrant is\ndiscontinued immediately.\n(4) If the law enforcement officer to whom the warrant is issued, or who\nis primarily responsible for executing the warrant, believes that use\nof a surveillance device under the warrant is no longer necessary for\nthe purpose of enabling evidence to be obtained of the commission of\nthe relevant offence or corrupt conduct or the identity or location of\nthe offender, the officer must tell the chief officer of the law\nenforcement agency immediately.\n\nWarrants Part 2\nRetrieval warrants Division 2.3\nSection 19\nR10\n30/09/23\nCrimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 2.3 Retrieval warrants\n19 Retrieval warrant—application\n(1) A law enforcement officer (or another person on the officer’s behalf)\nmay apply for the issue of a retrieval warrant in relation to a\nsurveillance device that—\n(a) was lawfully installed on premises, or in or on an object, under\na surveillance device warrant; and\n(b) the law enforcement officer suspects or believes on reasonable\ngrounds is still on those premises or in or on that object, or on\nother premises or in or on another object.\n(2) The application may be made to—\n(a) a judge; or\n(b) for an application for a retrieval warrant authorising the retrieval\nof a tracking device only—a magistrate.\n(3) Subject to this section, an application must be supported by an\naffidavit setting out the grounds on which the warrant is sought.\n(4) An application for a retrieval warrant may be made before an affidavit\nis prepared or sworn if a law enforcement officer believes that—\n(a) the immediate retrieval of a surveillance device is necessary;\nand\n(b) it is impracticable for an affidavit to be prepared or sworn before\nan application for a warrant is made.\n(5) If subsection (4) applies, the applicant must—\n(a) give as much information as the judge or magistrate considers is\nreasonably practicable in the circumstances; and\n(b) not later than 72 hours after making the application, send a\nsworn affidavit to the judge or magistrate who determined the\napplication, whether or not a warrant has been issued.\n\nPart 2 Warrants\nDivision 2.3 Retrieval warrants\nSection 20\npage 16 Crimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\nR10\n30/09/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(6) An application for a warrant must not be heard in open court.\n20 Retrieval warrant—remote application\n(1) If a law enforcement officer believes that it is impracticable for an\napplication for a retrieval warrant to be made in person, the\napplication may be made under section 19 by telephone, fax, email or\nany other means of communication.\n(2) If transmission by fax is available and an affidavit has been prepared,\nthe person applying must send a copy of the affidavit, whether sworn\nor unsworn, to the judge or magistrate who is to decide the\napplication.\n21 Retrieval warrant—deciding the application\n(1) A judge or magistrate may issue a retrieval warrant if satisfied that—\n(a) there are reasonable grounds for the suspicion or belief founding\nthe application for the warrant; and\n(b) for an unsworn application—it would have been impracticable\nfor an affidavit to have been prepared or sworn before the\napplication was made; and\n(c) for a remote application—it would have been impracticable for\nthe application to have been made in person.\n(2) In deciding whether a retrieval warrant should be issued, the judge or\nmagistrate must have regard to—\n(a) the extent to which the privacy of any person is likely to be\naffected; and\n(b) the public interest in retrieving the device sought to be retrieved.\n\nWarrants Part 2\nRetrieval warrants Division 2.3\nSection 22\nR10\n30/09/23\nCrimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n22 What must a retrieval warrant contain?\n(1) A retrieval warrant must—\n(a) state that the judge or magistrate is satisfied of the matters\nmentioned in section 21 (1) and has had regard to the matters\nmentioned in section 21 (2); and\n(b) state the following:\n(i) the name of the applicant;\n(ii) the date the warrant is issued;\n(iii) the kind of surveillance device authorised to be retrieved;\n(iv) the premises or object from which the surveillance device\nis to be retrieved;\n(v) the period (not more than 90 days) during which the\nwarrant is in force;\n(vi) the name of the law enforcement officer primarily\nresponsible for executing the warrant;\n(vii) any conditions subject to which premises may be entered\nunder the warrant.\n(2) A warrant must be signed by the person issuing it and include the\nperson’s name.\n(3) If the judge or magistrate issues a warrant on a remote application,\nthe judge or magistrate must—\n(a) tell the applicant—\n(i) the terms of the warrant; and\n(ii) the date and time the warrant was issued; and\n(b) enter the terms and date mentioned in paragraph (a) in a register\nkept by the judge or magistrate for the purpose; and\n(c) give the applicant a copy of the warrant as soon as practicable.\n\nPart 2 Warrants\nDivision 2.3 Retrieval warrants\nSection 23\npage 18 Crimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\nR10\n30/09/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) Unless sooner executed or revoked, a retrieval warrant remains in\nforce for the period stated in the warrant.\n23 What a retrieval warrant authorises\n(1) A retrieval warrant authorises the following:\n(a) the retrieval of the surveillance device stated in the warrant and\nany enhancement equipment in relation to the device;\n(b) the entry, by force if necessary, onto the premises where the\nsurveillance device is believed on reasonable grounds to be, or\nother premises adjoining or providing access to those premises,\nfor the purpose of retrieving the device and equipment;\n(c) the breaking open of any thing for the purpose of retrieving the\ndevice and equipment;\n(d) if the device or equipment is installed on or in an object, the\ntemporary removal of the object from any premises where it is\nlocated for the purpose of retrieving the device and equipment\nand the return of the object to those premises;\n(e) the provision of assistance or technical expertise to the law\nenforcement officer primarily responsible for executing the\nwarrant in the retrieval of the device or equipment.\n(2) If the retrieval warrant authorises the retrieval of a tracking device,\nthe warrant also authorises the use of the tracking device and any\nenhancement equipment in relation to the device solely for the\npurposes of the location and retrieval of the device or equipment.\n(3) A retrieval warrant may authorise the doing of anything reasonably\nnecessary to conceal the fact that anything has been done in relation\nto the retrieval of a surveillance device or enhancement equipment\nunder the warrant.\n(4) This section applies to a retrieval warrant subject to any conditions\nstated in the warrant.\n\nWarrants Part 2\nRetrieval warrants Division 2.3\nSection 24\nR10\n30/09/23\nCrimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n24 Revocation of retrieval warrant\n(1) A retrieval warrant may be revoked at any time before the end of the\nperiod of validity stated in it by—\n(a) a judge, if a judge issued the warrant; or\n(b) a magistrate, if a magistrate issued the warrant.\n(2) A judge or magistrate may revoke a retrieval warrant on application\nby or on behalf of a law enforcement officer.\n(3) A judge or magistrate who revokes a warrant must give notice of the\nrevocation to the chief officer of the law enforcement agency of\nwhich the law enforcement officer to whom the warrant was issued is\na member.\n(4) If the judge or magistrate revokes the warrant on the application of a\nlaw enforcement officer, the judge or magistrate is taken to have\nnotified the chief officer under subsection (3) when the judge or\nmagistrate revokes the warrant.\n(5) If the chief officer of a law enforcement agency is satisfied that the\ngrounds for issue of a retrieval warrant to a law enforcement officer\nof the agency no longer exist, the chief officer must ensure an\napplication is made for the revocation of the warrant under this\nsection.\n(6) If the law enforcement officer to whom a retrieval warrant has been\nissued, or who is primarily responsible for executing a retrieval\nwarrant, believes that the grounds for issue of the warrant no longer\nexist, the officer must tell the chief officer of the law enforcement\nagency immediately.\n\nPart 3 Emergency authorisations\nSection 24A\npage 20 Crimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\nR10\n30/09/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Emergency authorisations\n24A Application of pt 3—integrity commission\nThis part does not apply to a law enforcement agency that is the\nintegrity commission.\n25 Emergency authorisation—risk of serious personal\nviolence or substantial property damage\n(1) A law enforcement officer of a law enforcement agency may apply to\nthe chief officer of the agency for an emergency authorisation for the\nuse of a surveillance device if, in the course of an investigation, the\nlaw enforcement officer suspects or believes on reasonable grounds\nthat—\n(a) an imminent threat of serious violence to a person or substantial\ndamage to property exists; and\n(b) the use of a surveillance device is immediately necessary for the\npurpose of dealing with that threat; and\n(c) the circumstances are so serious and the matter is of such\nurgency that the use of a surveillance device is warranted; and\n(d) it is not practicable in the circumstances to apply for a\nsurveillance device warrant.\nExample—par (d)\nthe law enforcement officer has tried, unsuccessfully, to contact an on-call\nduty magistrate or judge by telephone\n(2) An application may be made orally, in writing or by telephone, fax,\nemail or any other means of communication.\n(3) The chief officer may give an emergency authorisation for the use of\na surveillance device on an application under subsection (1) if\nsatisfied that there are reasonable grounds for the suspicion or belief\nfounding the application.\n\nEmergency authorisations Part 3\nSection 26\nR10\n30/09/23\nCrimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) An emergency authorisation given under this section may authorise\nthe law enforcement officer to whom it is given to do anything that a\nsurveillance device warrant may authorise the officer to do.\n26 Emergency authorisation—continued use of authorised\nsurveillance device in participating jurisdiction\n(1) A law enforcement officer of a law enforcement agency may apply to\nthe chief officer of the agency for an emergency authorisation for the\nuse of a surveillance device if—\n(a) use of the surveillance device in the ACT is authorised under a\nterritory law, in connection with an investigation into a relevant\noffence; and\n(b) the law enforcement officer suspects or believes on reasonable\ngrounds that—\n(i) the investigation in relation to which the surveillance\ndevice is authorised in the ACT is likely to extend to a\nparticipating jurisdiction; and\n(ii) the use of the surveillance device in a participating\njurisdiction is immediately necessary to prevent the loss of\nany evidence; and\n(iii) the circumstances are so serious and the matter is of such\nurgency that the use of the surveillance device in the\nparticipating jurisdiction is warranted; and\n(iv) it is not practicable in the circumstances to apply for a\nsurveillance device warrant.\nExample—par (b) (iv)\nthe law enforcement officer has tried, unsuccessfully, to contact an on-\ncall duty magistrate or judge by telephone\n(2) An application may be made orally, in writing or by telephone, fax,\nemail or any other means of communication.\n\nPart 3 Emergency authorisations\nSection 27\npage 22 Crimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\nR10\n30/09/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The chief officer may give an emergency authorisation for the use of\na surveillance device on an application under subsection (1) if\nsatisfied that—\n(a) use of the surveillance device in the ACT is authorised under a\nterritory law, in connection with an investigation into a relevant\noffence; and\n(b) there are reasonable grounds for the suspicion or belief founding\nthe application.\n(4) An emergency authorisation given under this section may authorise\nthe law enforcement officer to whom it is given to do anything that a\nsurveillance device warrant may authorise the officer to do.\n27 Application for approval after use of surveillance device\nunder emergency authorisation\n(1) Within 2 working days after giving an emergency authorisation, the\nchief officer (or another person on the officer’s behalf) must apply to\na judge for approval of the exercise of powers under the emergency\nauthorisation.\n(2) An application—\n(a) must state—\n(i) the name of the applicant; and\n(ii) the kind of surveillance device sought to be approved and,\nif a warrant is sought, the nature and duration of the\nwarrant; and\n(b) must be supported by an affidavit setting out the grounds on\nwhich the approval (and warrant, if any) is sought.\n(3) The judge may refuse to consider the application until the applicant\ngives the judge all the information the judge requires about the\napplication in the way the judge requires.\n(4) An application must not be heard in open court.\n\nEmergency authorisations Part 3\nSection 28\nR10\n30/09/23\nCrimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n28 Consideration of application\n(1) Before deciding an application for approval in relation to an\nemergency authorisation given under section 25 (Emergency\nauthorisation—risk of serious personal violence or substantial\nproperty damage), the judge must, in particular, and being mindful of\nthe intrusive nature of using a surveillance device, consider the\nfollowing:\n(a) the nature of the risk of serious violence to a person or\nsubstantial damage to property;\n(b) the extent to which issuing a surveillance device warrant would\nhave helped reduce or avoid the risk;\n(c) the extent to which law enforcement officers could have used\nalternative methods of investigation to help reduce or avoid the\nrisk;\n(d) how much the use of alternative methods of investigation could\nhave helped reduce or avoid the risk;\n(e) how much the use of alternative methods of investigation would\nhave prejudiced the safety of the person or property because of\ndelay or for another reason;\n(f) whether or not it was practicable in the circumstances to apply\nfor a surveillance device warrant.\n(2) Before deciding an application for approval in relation to an\nemergency authorisation given under section 26 (Emergency\nauthorisation—continued use of authorised surveillance device in\nparticipating jurisdiction), the judge must, in particular, and being\nmindful of the intrusive nature of using a surveillance device,\nconsider the following:\n(a) the nature of the risk of the loss of evidence;\n(b) the extent to which issuing a surveillance device warrant would\nhave helped reduce or avoid the risk;\n\nPart 3 Emergency authorisations\nSection 29\npage 24 Crimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\nR10\n30/09/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the terms of the existing authorisation for the use of the\nsurveillance device;\n(d) whether or not it was practicable in the circumstances to apply\nfor a surveillance device warrant.\n29 Judge may approve emergency use of powers\n(1) After considering an application for approval in relation to an\nemergency authorisation given under section 25 (Emergency\nauthorisation—risk of serious personal violence or substantial\nproperty damage), the judge may approve the application if satisfied\nthat there were reasonable grounds to suspect or believe that—\n(a) there was a risk of serious violence to a person or substantial\ndamage to property; and\n(b) using a surveillance device may have helped reduce the risk; and\n(c) it was not practicable in the circumstances to apply for a\nsurveillance device warrant.\n(2) After considering an application for approval in relation to an\nemergency authorisation given under section 26 (Emergency\nauthorisation—continued use of authorised surveillance device in\nparticipating jurisdiction), the judge may approve the application if\nsatisfied that—\n(a) use of the surveillance device in the ACT was authorised under\na territory law, in connection with an investigation into a\nrelevant offence; and\n(b) there were reasonable grounds to suspect or believe that—\n(i) there was a risk of loss of evidence; and\n(ii) using the surveillance device in a participating jurisdiction\nmay have helped reduce the risk; and\n(c) it was not practicable in the circumstances to apply for a\nsurveillance device warrant.\n\nEmergency authorisations Part 3\nSection 30\nR10\n30/09/23\nCrimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) If the judge approves an application under this section, the judge may\nissue a surveillance device warrant for the continued use of the\nsurveillance device as if the application were an application for a\nsurveillance device warrant under division 2 (Surveillance device\nwarrants).\n(4) If the judge does not approve an application under this section, the\njudge may order that the use of the surveillance device cease.\n(5) The judge may order that any information obtained from or relating\nto the exercise of powers under the emergency authorisation or any\nrecord of that information be dealt with in the way stated in the order.\n30 Admissibility of evidence\nIf the exercise of powers under an emergency authorisation is\napproved under section 29, evidence obtained because of the exercise\nof those powers is not inadmissible in any proceeding only because\nthe evidence was obtained before the approval.\n\nPart 4 Recognition of corresponding warrants and authorisations\nSection 31\npage 26 Crimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\nR10\n30/09/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Recognition of corresponding\nwarrants and authorisations\n31 Corresponding warrants\nA corresponding warrant may be executed in the ACT in accordance\nwith its terms as if it were a surveillance device warrant or retrieval\nwarrant issued under part 2 (Warrants).\n32 Corresponding emergency authorisations\n(1) A corresponding emergency authorisation authorises the use of a\nsurveillance device in accordance with its terms in the ACT, as if it\nwere an emergency authorisation given under part 3 (Emergency\nauthorisations).\n(2) Subsection (1) does not apply at any time after a judge orders, under\na provision of a corresponding law that corresponds to section 29 (4)\n(Judge may approve emergency use of powers), that the use of a\nsurveillance device under the corresponding emergency authorisation\ncease.\n\nCompliance and monitoring Part 5\nRestrictions on use, communication and publication of information Division 5.1\nSection 33\nR10\n30/09/23\nCrimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Compliance and monitoring\nDivision 5.1 Restrictions on use, communication\nand publication of information\n33 What is protected information?—div 5.1\nIn this division:\nprotected information means—\n(a) any information obtained from the use of a surveillance device\nunder a warrant, emergency authorisation, corresponding\nwarrant or corresponding emergency authorisation; or\n(b) any information relating to—\n(i) an application for, issue of, existence of or expiry of a\nwarrant, emergency authorisation, corresponding warrant\nor corresponding emergency authorisation; or\n(ii) an application for approval of powers exercised under an\nemergency authorisation; or\n(iii) an application under a corresponding law for approval of\npowers exercised under a corresponding emergency\nauthorisation.\n34 Prohibition on communication or publication of protected\ninformation\n(1) A person commits an offence if—\n(a) the person uses information; and\n(b) the information is protected information; and\n(c) the use of the information is not permitted by this section; and\n\nPart 5 Compliance and monitoring\nDivision 5.1 Restrictions on use, communication and publication of information\nSection 34\npage 28 Crimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\nR10\n30/09/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) the person is reckless about whether the use of the information\nis not permitted by this section.\nMaximum penalty: imprisonment for 2 years.\nNote The fault element of recklessness can be satisfied by proof of intention,\nknowledge or recklessness (see Criminal Code, s 20 (4)).\n(2) A person commits an offence if—\n(a) the person communicates information; and\n(b) the information is protected information; and\n(c) the communication of the information is not permitted by this\nsection; and\n(d) the person is reckless about whether the communication of the\ninformation is not permitted by this section.\nMaximum penalty: imprisonment for 2 years.\n(3) A person commits an offence if—\n(a) the person publishes information; and\n(b) the information is protected information; and\n(c) the publication of the information is not permitted by this\nsection; and\n(d) the person is reckless about whether the publication of the\ninformation is not permitted by this section.\nMaximum penalty: imprisonment for 2 years.\n(4) A person commits an offence if the person commits an offence\nagainst subsection (1), (2) or (3) in circumstances in which the\nperson—\n(a) intends to endanger the health or safety of anyone; or\n\nCompliance and monitoring Part 5\nRestrictions on use, communication and publication of information Division 5.1\nSection 34\nR10\n30/09/23\nCrimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) is reckless about whether the disclosure of the information\nendangers or will endanger the health or safety of anyone.\nMaximum penalty: imprisonment for 10 years.\n(5) A person commits an offence if the person commits an offence\nagainst subsection (1), (2) or (3) in circumstances in which the\nperson—\n(a) intends to prejudice the effective conduct of an investigation; or\n(b) is reckless about whether the disclosure of the information\nprejudices or will prejudice the effective conduct of an\ninvestigation.\nMaximum penalty: imprisonment for 10 years.\n(6) Subsections (1) to (5) do not apply to—\n(a) the use, communication or publication of—\n(i) any information if the information has been disclosed in\nproceedings in open court; or\n(ii) any information if the information has entered the public\ndomain; or\n(b) the use or communication of protected information by a person\nif the person believes on reasonable grounds that the use or\ncommunication is necessary to help prevent or reduce the risk of\nserious violence to a person or substantial damage to property;\nor\n(c) the communication to the Director-General (within the meaning\nof the Australian Security Intelligence Organisation Act 1979\n(Cwlth)) of protected information if the protected information\nrelates or appears to relate to activities prejudicial to security\n(within the meaning of that Act); or\n\nPart 5 Compliance and monitoring\nDivision 5.1 Restrictions on use, communication and publication of information\nSection 34\npage 30 Crimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\nR10\n30/09/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) the use or communication of information mentioned in\nparagraph (c) by an officer of the Australian Security\nIntelligence Organisation if the use or communication is in the\nperformance of the officer’s official functions; or\n(e) the use or communication of information to a foreign country or\nan appropriate authority of a foreign country if the use or\ncommunication is in accordance with the Mutual Assistance in\nCriminal Matters Act 1987 (Cwlth).\n(7) Protected information may be used, communicated or published if it\nis necessary to do so for any of the following purposes:\n(a) the investigation of a relevant offence within the meaning of this\nAct or a relevant offence within the meaning of a corresponding\nlaw;\n(b) the investigation of corrupt conduct under the Integrity\nCommission Act 2018;\n(c) the making of a decision whether or not to bring a prosecution\nfor a relevant offence within the meaning of this Act or a\nrelevant offence within the meaning of a corresponding law;\n(d) a relevant proceeding within the meaning of this Act or a\nrelevant proceeding within the meaning of a corresponding law;\n(e) an investigation of a complaint against, or the conduct of, a\npublic officer within the meaning of this Act or a public officer\nwithin the meaning of a corresponding law;\n(f) the making of a decision in relation to the appointment, re-\nappointment, term of appointment, termination or retirement of\na person mentioned in paragraph (e);\n(g) the keeping of records and the making of reports by—\n(i) a law enforcement agency in accordance with the\nobligations imposed by division 5.2 (Reporting and record-\nkeeping); or\n\nCompliance and monitoring Part 5\nRestrictions on use, communication and publication of information Division 5.1\nSection 34\nR10\n30/09/23\nCrimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) a law enforcement agency (within the meaning of a\ncorresponding law) in accordance with the obligations\nimposed by provisions of the corresponding law that\ncorrespond to division 5.2;\n(h) an inspection by the ombudsman under section 42 (Inspection\nof records by ombudsman) or an inspection under a provision of\na corresponding law that corresponds to section 42;\n(i) an investigation under the Information Privacy Act 2014 or\nanother law of the Territory, a participating jurisdiction or the\nCommonwealth concerning the privacy of personal information.\n(8) Subsections (6) (c) and (d) and (7) (a), (c) and (d) do not authorise the\nuse, communication or publication of protected information in\nrelation to an emergency authorisation or corresponding emergency\nauthorisation unless the use of powers under that emergency\nauthorisation has been approved under section 29 (Judge may\napprove emergency use of powers) or the provisions of a\ncorresponding law that correspond to section 29.\n(9) A reference in subsection (8) to a relevant offence (whether of the\nACT or another jurisdiction) is a reference to any relevant offence of\nthe relevant jurisdiction, whether or not it is the offence of the\nrelevant jurisdiction in relation to which the relevant warrant or\nemergency authorisation was issued or given.\n\nPart 5 Compliance and monitoring\nDivision 5.1 Restrictions on use, communication and publication of information\nSection 35\npage 32 Crimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\nR10\n30/09/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n35 Dealing with records obtained by use of surveillance\ndevices\n(1) The chief officer of a law enforcement agency must cause—\n(a) every record or report obtained by use of a surveillance device\nby a law enforcement officer of the agency under a warrant,\nemergency authorisation, corresponding warrant or\ncorresponding emergency authorisation to be kept in a secure\nplace that is not accessible to people who are not entitled to deal\nwith the record or report; and\n(b) any record or report mentioned in paragraph (a) to be destroyed,\nif satisfied that it is not likely to be required in connection with\na purpose mentioned in section 34 (6) or (7).\n(2) Subsection (1) does not apply to a record or report that is received\ninto evidence in legal proceedings or disciplinary proceedings.\n36 Protection of surveillance device technologies and\nmethods\n(1) In any proceeding, a person may object to the disclosure of\ninformation on the ground that the information, if disclosed, could\nreasonably be expected to reveal details of surveillance device\ntechnology or methods of installation, use or retrieval of surveillance\ndevices.\n(2) If the person conducting or presiding over the proceeding is satisfied\nthat the ground of objection is made out, the person may order that\nthe person who has the information not be required to disclose it in\nthe proceeding.\n(3) In determining whether or not to make an order under subsection (2),\nthe person conducting or presiding over the proceeding must take into\naccount whether disclosure of the information—\n(a) is necessary for the fair trial of the defendant; or\n(b) is in the public interest.\n\nCompliance and monitoring Part 5\nRestrictions on use, communication and publication of information Division 5.1\nSection 37\nR10\n30/09/23\nCrimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) Subsection (2) does not affect a provision of another law under which\na law enforcement officer cannot be compelled to disclose\ninformation or make statements in relation to the information.\n(5) If the person conducting or presiding over a proceeding is satisfied\nthat publication of any information disclosed in the proceeding could\nreasonably be expected to reveal details of surveillance device\ntechnology or methods of installation, use or retrieval of surveillance\ndevices, the person must make any orders prohibiting or restricting\npublication of the information that the person considers necessary to\nensure that those details are not revealed.\n(6) Subsection (5) does not apply to the extent that the person conducting\nor presiding over the proceeding considers that the interests of justice\nrequire otherwise.\n(7) In this section:\nproceeding includes—\n(a) a proceeding before a court, tribunal or Royal Commission; and\n(b) an examination before the integrity commission.\n37 Protected information in the custody of a court\nA person is not entitled to search any protected information in the\ncustody of a court unless the court otherwise orders in the interests of\njustice.\n\nPart 5 Compliance and monitoring\nDivision 5.2 Reporting and record-keeping\nSection 38\npage 34 Crimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\nR10\n30/09/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 5.2 Reporting and record-keeping\n38 Annual reports\n(1) The chief officer of a law enforcement agency must give a written\nreport to the Minister that includes the following information in\nrelation to each financial year:\n(a) the number of applications for warrants by and the number of\nwarrants issued to law enforcement officers of the agency during\nthe year;\n(b) the number of applications for emergency authorisations by and\nthe number of emergency authorisations given to law\nenforcement officers of the agency during the year;\n(c) the number of remote applications for warrants by law\nenforcement officers of the agency during the year;\n(d) the number of applications for warrants or emergency\nauthorisations by law enforcement officers of the agency that\nwere refused during the year, and the reasons for refusal;\n(e) the number of applications for extensions of warrants by law\nenforcement officers of the agency during the year, the number\nof extensions granted or refused and the reasons why the\nextensions were granted or refused;\n(f) the number of arrests made by law enforcement officers of the\nagency during the year on the basis (wholly or partly) of\ninformation obtained by the use of a surveillance device under a\nwarrant or emergency authorisation;\n(g) the number of prosecutions that were commenced in the ACT\nduring the year in which information obtained by the use of a\nsurveillance device under a warrant or emergency authorisation\nwas given in evidence and the number of those prosecutions in\nwhich a person was found guilty;\n\nCompliance and monitoring Part 5\nReporting and record-keeping Division 5.2\nSection 39\nR10\n30/09/23\nCrimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(h) any other information relating to the use of surveillance devices\nand the administration of this Act that the Minister considers\nappropriate.\n(2) The information mentioned in subsection (1) (a) and (b) must be\npresented in a way that identifies the number of warrants issued and\nemergency authorisations given in relation to each different kind of\nsurveillance device.\n(3) The report must be given to the Minister as soon as practicable after\nthe end of each financial year, and in any event within 3 months after\nthe end of the financial year.\n(4) The Minister must present a copy of the report to the Legislative\nAssembly within 15 sitting days after the day the Minister receives it.\n39 Keeping documents connected with warrants and\nemergency authorisations\nThe chief officer of a law enforcement agency must cause the\nfollowing to be kept:\n(a) each warrant issued to a law enforcement officer of the agency;\n(b) each notice given to the chief officer under section 17 (3)\n(Revocation of surveillance device warrant) of revocation of a\nwarrant;\n(c) each emergency authorisation given to a law enforcement\nofficer of the agency;\n(d) each application made by a law enforcement officer of the\nagency for an emergency authorisation;\n(e) a copy of each application made by a law enforcement officer of\nthe agency for the following:\n(i) a warrant;\n(ii) extension, amendment or revocation of a warrant;\n\nPart 5 Compliance and monitoring\nDivision 5.2 Reporting and record-keeping\nSection 40\npage 36 Crimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\nR10\n30/09/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(iii) approval of the exercise of powers under an emergency\nauthorisation;\n(f) a copy of each certificate issued by the chief officer, or person\nassisting the officer, under section 43 (Evidentiary certificates).\n40 Other records to be kept\nThe chief officer of a law enforcement agency must keep the\nfollowing records:\n(a) a statement as to whether each application made by a law\nenforcement officer of the agency for a warrant, or extension,\namendment or revocation of a warrant, was granted, refused or\nwithdrawn;\n(b) for each warrant issued to a law enforcement officer of the\nagency, a statement about whether the warrant was executed;\n(c) for each surveillance device warrant mentioned in a statement\nunder paragraph (b) that was executed, a statement setting out\nthe following information:\n(i) the name of each person involved in the execution of the\nwarrant;\n(ii) the kind of surveillance device used;\n(iii) the period during which the device was used;\n(iv) the name, if known, of any person whose conversations or\nactivities were overheard, recorded, monitored, listened to\nor observed by the use of the device;\n(v) the name, if known, of any person whose geographical\nlocation was worked out by the use of a tracking device;\n(vi) details of any premises on which the device was installed\nor any place at which the device was used;\n\nCompliance and monitoring Part 5\nReporting and record-keeping Division 5.2\nSection 40\nR10\n30/09/23\nCrimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(vii) details of any object in or on which the device was installed\nor any premises where the object was located when the\ndevice was installed;\n(viii) details of the benefit to the investigation of the use of the\ndevice and of the general use made or to be made of any\nevidence or information obtained by the use of the device;\n(ix) details of the compliance with the conditions (if any) to\nwhich the warrant was subject;\n(x) if the warrant was extended or amended, the number of\nextensions or amendments and the reasons for them;\n(d) for each retrieval warrant mentioned in a statement under\nparagraph (b) that was executed, a statement setting out the\nfollowing information:\n(i) details of any premises entered, anything opened and any\nobject removed and replaced under the warrant;\n(ii) whether the surveillance device was retrieved under the\nwarrant;\n(iii) if the device was not retrieved, the reason why;\n(iv) details of the compliance with the conditions (if any) to\nwhich the warrant was subject;\n(e) a statement as to whether each application made by a law\nenforcement officer of the agency for an emergency\nauthorisation, or for approval of powers exercised under an\nemergency authorisation, was granted, refused or withdrawn;\n(f) details of each use by the agency, or by a law enforcement\nofficer of the agency, of information obtained by the use of a\nsurveillance device by a law enforcement officer of the agency;\n\nPart 5 Compliance and monitoring\nDivision 5.2 Reporting and record-keeping\nSection 41\npage 38 Crimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\nR10\n30/09/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(g) details of each communication by a law enforcement officer of\nthe agency to a person other than a law enforcement officer of\nthe agency of information obtained by the use of a surveillance\ndevice by a law enforcement officer of the agency;\n(h) details of each occasion when, to the knowledge of a law\nenforcement officer of the agency, information obtained by the\nuse of a surveillance device by a law enforcement officer of the\nagency was given in evidence in a relevant proceeding;\n(i) details of the destruction of records or reports under\nsection 35 (1) (b) (Dealing with records obtained by use of\nsurveillance devices).\n41 Register of warrants and emergency authorisations\n(1) The chief officer of a law enforcement agency must keep a register of\nwarrants and emergency authorisations.\n(2) The register must state, for each warrant issued to a law enforcement\nofficer of the agency—\n(a) the date of issue of the warrant; and\n(b) the name of the judge or magistrate who issued the warrant; and\n(c) the name of the law enforcement officer named in the warrant\nas the person primarily responsible for executing it; and\n(d) the relevant offence in relation to which the warrant was issued;\nand\n(e) the period during which the warrant is in force; and\n(f) details of any amendment or extension of the warrant.\n(3) The register must state, for each emergency authorisation given to a\nlaw enforcement officer of the agency—\n(a) the date the emergency authorisation was given; and\n\nCompliance and monitoring Part 5\nInspections Division 5.3\nSection 42\nR10\n30/09/23\nCrimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the name of the chief officer who gave the emergency\nauthorisation; and\n(c) the name of the law enforcement officer to whom the emergency\nauthorisation was given; and\n(d) the relevant offence in relation to which the emergency\nauthorisation was given; and\n(e) the date when the application for approval of powers exercised\nunder the emergency authorisation was made.\nDivision 5.3 Inspections\n42 Inspection of records by ombudsman\n(1) The ombudsman may inspect the records of a law enforcement\nagency to determine the extent of compliance with this Act by the\nagency and law enforcement officers of the agency.\n(2) For an inspection under this section, the ombudsman—\n(a) after notifying the chief officer of the law enforcement agency,\nmay enter at any reasonable time premises occupied by the\nagency; and\n(b) is entitled to have full and free access at all reasonable times to\nall records of the agency that are relevant to the inspection; and\n(c) may require a member of staff of the agency to give the\nombudsman any information that the ombudsman considers\nnecessary, being information that is in the member’s possession,\nor to which the member has access, and that is relevant to the\ninspection.\n\nPart 5 Compliance and monitoring\nDivision 5.4 General\nSection 43\npage 40 Crimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\nR10\n30/09/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The chief officer must ensure that members of staff of the agency give\nthe ombudsman any assistance the ombudsman reasonably requires\nto enable the ombudsman to exercise functions under this section.\n(4) The ombudsman must give a written report prepared under the\nAnnual Reports (Government Agencies) Act 2004 on the results of\neach inspection under this section in the preceding financial year.\n(5) The report must include a report on the comprehensiveness and\nadequacy of the records of the agency and the cooperation given by\nthe agency in facilitating the inspection by the ombudsman of those\nrecords.\n(6) The report must not include any information that, if made public,\ncould reasonably be expected to—\n(a) endanger a person’s safety; or\n(b) prejudice an investigation or prosecution; or\n(c) compromise any law enforcement agency’s operational\nactivities or methodologies.\nDivision 5.4 General\n43 Evidentiary certificates\n(1) The chief officer of a law enforcement agency, or a person assisting\nthe officer, may issue a written certificate signed by the officer or\nperson setting out any facts the officer or person considers relevant in\nrelation to—\n(a) anything done by a law enforcement officer of the agency, or by\na person assisting or providing technical expertise to the officer,\nin connection with the execution of a warrant or in accordance\nwith an emergency authorisation; or\n\nCompliance and monitoring Part 5\nGeneral Division 5.4\nSection 43\nR10\n30/09/23\nCrimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) anything done by a law enforcement officer of the agency in\nconnection with—\n(i) the communication by a person to someone else of; or\n(ii) the making use of; or\n(iii) the making of a record of; or\n(iv) the custody of a record of—\ninformation obtained by the use of a surveillance device under a\nwarrant, emergency authorisation, corresponding warrant or\ncorresponding emergency authorisation.\n(2) A document purporting to be a certificate issued under subsection (1)\nor under a provision of a corresponding law that corresponds to\nsubsection (1) is admissible in evidence in any proceeding.\n(3) Subsection (2) does not apply to a certificate to the extent that the\ncertificate sets out facts in relation to anything done in accordance\nwith an emergency authorisation or corresponding emergency\nauthorisation unless the use of powers under that authorisation has\nbeen approved under section 29 (Judge may approve emergency use\nof powers) or under a provision of a corresponding law that\ncorresponds to section 29.\n\nPart 5A Body-worn cameras\nSection 43A\npage 42 Crimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\nR10\n30/09/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5A Body-worn cameras\nNote The Surveillance Devices Act 2004 (Cwlth), pt 4 also contains provisions\nfor the use of surveillance devices without a warrant.\n43A Meaning of body-worn camera\nFor this Act, body-worn camera means a device that is—\n(a) capable of recording visual images and sound; and\n(b) usually worn on the body, whether or not the device is being\nworn when used; and\n(c) approved, in writing, by the chief police officer.\n43B Use of body-worn cameras by police officers\n(1) A police officer may use a body-worn camera in the course of the\nofficer’s duties.\n(2) A police officer who is wearing a body-worn camera must use the\ncamera when dealing with a member of the public in the course of the\nofficer’s duties.\n(3) Subsection (2) does not apply in circumstances in which the use of a\nbody-worn camera—\n(a) is not reasonably practicable; or\n(b) could cause or increase a risk to a person’s safety; or\n(c) would unreasonably limit a person’s privacy.\n\nBody-worn cameras Part 5A\nSection 43B\nR10\n30/09/23\nCrimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\npage 43\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The use of a body-worn camera by a police officer under this section\nmust be—\n(a) overt; and\nExamples—overt use\n1 The camera is used or worn in a way that makes it visible to the person\nbeing recorded.\n2 A police officer in attendance tells the person being recorded that the\ncamera is being used.\n(b) in accordance with the guidelines under section 43C.\n(5) However, the use need not be overt if—\n(a) the camera is used when a police officer draws or uses a firearm\nor conducted electrical weapon; or\n(b) overt use of the camera could cause or increase a risk to a\nperson’s safety.\n(6) A police officer may also use a body-worn camera if the use is—\n(a) incidental to the use of the camera under this section; or\n(b) inadvertent.\n(7) Parts 2 to 5 do not apply in relation to the use of a body-worn camera\nunder this section.\n(8) In this section:\nconducted electrical weapon means a hand-held or other electrical\ndevice designed to administer an electric shock on contact.\n\nPart 5A Body-worn cameras\nSection 43C\npage 44 Crimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\nR10\n30/09/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n43C Body-worn cameras—guidelines\n(1) The chief police officer must make guidelines about the use of\nbody-worn cameras by police officers under section 43B.\n(2) The guidelines must include—\n(a) requirements for the storage, use and disposal of a recording\nfrom a body-worn camera, and information about how a person\nmay access a recording under any applicable laws; and\n(b) guidance about the circumstances in which a body-worn camera\nmay or must be used; and\n(c) a statement about how human rights have been considered in\nmaking the guidelines.\n(3) The guidelines may include any other relevant matters.\n(4) The chief police officer must consult the director-general before\nmaking a guideline.\n(5) A guideline is a disallowable instrument.\n\nMiscellaneous Part 6\nSection 44\nR10\n30/09/23\nCrimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\npage 45\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Miscellaneous\n44 Delegation\n(1) Except as provided by this section, and despite any other Act or law\nto the contrary, the functions of a chief officer under this Act must\nnot be delegated to any other person.\n(2) A chief officer may delegate to a senior officer of the law enforcement\nagency any of the chief officer’s functions under this Act.\n(3) In this section:\nsenior officer means a person for the time being holding office as—\n(a) in relation to the Australian Federal Police—a police officer of\nthe rank of commander (or a higher rank); or\n(b) in relation to the Australian Crime Commission, any of the\nfollowing:\n(i) the Director National Operations;\n(ii) a Director;\n(iii) an office of the Australian Crime Commission that is\nprescribed by regulation; or\n(c) in relation to the integrity commission––a position of the\nintegrity commission prescribed by regulation.\n45 Regulation-making power\n(1) The Executive may make regulations for this Act.\nNote A regulation must be notified, and presented to the Legislative Assembly,\nunder the Legislation Act.\n(2) A regulation may create offences and fix maximum penalties of not\nmore than 10 penalty units for the offences.\n\nDictionary\npage 46 Crimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\nR10\n30/09/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACT\n• Commonwealth\n• coroner\n• function\n• in relation to\n• integrity commission\n• integrity commissioner\n• judge\n• Legislative Assembly\n• magistrate\n• territory law\n• working day.\napplicant, for a warrant, means the law enforcement officer who\napplies, or on whose behalf an application is made, for the warrant.\nAustralian Crime Commission means the Australian Crime\nCommission established by the Australian Crime Commission\nAct 2002 (Cwlth).\nbody-worn camera—see section 43A.\nchief officer means—\n(a) in relation to the Australian Federal Police—the chief police\nofficer; and\n(b) in relation to the Australian Crime Commission—the chief\nexecutive officer of the Australian Crime Commission; and\n(c) in relation to the integrity commission—the integrity\ncommissioner.\n\nDictionary\nR10\n30/09/23\nCrimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\npage 47\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ncomputer means an electronic device for storing or processing\ninformation.\ncorresponding emergency authorisation means an authorisation\ngiven under the provisions of a corresponding law that correspond to\npart 3 (Emergency authorisations).\ncorresponding law means a law of another jurisdiction that\ncorresponds to this Act, and includes a law of another jurisdiction that\nis declared by regulation to correspond to this Act.\ncorresponding warrant means a warrant issued under the provisions\nof a corresponding law that correspond to part 2 (Warrants).\ncorrupt conduct—see the Integrity Commission Act 2018, dictionary.\ndata surveillance device—\n(a) means a device or program capable of being used to record or\nmonitor the input of information into or the output of\ninformation from a computer; but\n(b) does not include an optical surveillance device.\ndevice includes instrument, apparatus and equipment.\ndisciplinary proceeding means a proceeding of a disciplinary nature\nunder a law of any jurisdiction or of the Commonwealth.\nemergency authorisation means an emergency authorisation given\nunder part 3 (Emergency authorisations).\nenhancement equipment, in relation to a surveillance device, means\nequipment capable of enhancing a signal, image or other information\nobtained by the use of the surveillance device.\ninstall includes attach.\njurisdiction means a State or Territory of the Commonwealth.\nlaw enforcement agency means—\n(a) the Australian Federal Police; or\n\nDictionary\npage 48 Crimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\nR10\n30/09/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the Australian Crime Commission; or\n(c) the integrity commission.\nlaw enforcement officer—\n(a) means—\n(i) a police officer; or\n(ii) a member of staff of the Australian Crime Commission; or\n(iii) an investigator under the Integrity Commission Act 2018;\nand\n(b) includes a person who is seconded to a law enforcement agency,\nincluding (but not limited to) a member of the police force or\npolice service, and a police officer (however described), of\nanother jurisdiction.\nlistening device—\n(a) means a device capable of being used to overhear, record,\nmonitor or listen to a conversation or words spoken to or by any\nperson in conversation; but\n(b) does not include a hearing aid or similar device used by a person\nwith impaired hearing to overcome the impairment and permit\nthat person to hear only sounds ordinarily audible to the human\near.\nmaintain, in relation to a surveillance device, includes—\n(a) adjust, relocate, repair or service the device; and\n(b) replace a faulty device.\n\nDictionary\nR10\n30/09/23\nCrimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\npage 49\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\noptical surveillance device—\n(a) means a device capable of being used to record visually or\nobserve an activity; but\n(b) does not include spectacles, contact lenses or a similar device\nused by a person with impaired sight to overcome that\nimpairment.\nparticipating jurisdiction means a jurisdiction in which a\ncorresponding law is in force.\npremises includes the following, whether in or outside the ACT:\n(a) land;\n(b) a building or vehicle;\n(c) a part of a building or vehicle;\n(d) any place, whether built on or not.\nprotected information, for division 5.1 (Restrictions on use,\ncommunication and publication of information)—see section 33.\npublic officer—\n(a) means—\n(i) a person employed by, or holding an office established\nunder a law of, the Territory; or\n(ii) a person employed by a territory authority; and\n(b) includes a law enforcement officer.\nrecord includes the following:\n(a) an audio, visual or audiovisual record;\n(b) a record in digital form;\n(c) a documentary record prepared from a record mentioned in\nparagraph (a) or (b).\n\nDictionary\npage 50 Crimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\nR10\n30/09/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nrelevant offence means—\n(a) an offence against an ACT law punishable by imprisonment of\n3 years or more; or\n(b) an offence against an ACT law prescribed by regulation.\nrelevant proceeding means any of the following:\n(a) the prosecution of a relevant offence;\n(b) a proceeding for the confiscation, forfeiture or restraint of\nproperty or for the imposition of a pecuniary penalty in\nconnection with a relevant offence;\n(c) a proceeding for the protection of a child or intellectually\nimpaired person;\n(d) a proceeding concerning the validity of a warrant, emergency\nauthorisation, corresponding warrant or corresponding\nemergency authorisation;\n(e) a disciplinary proceeding against a public officer;\n(f) an examination before the integrity commission;\n(g) a coronial inquest or inquiry if, in the opinion of the coroner, the\nevent that is the subject of the inquest or inquiry may have\nresulted from the commission of a relevant offence;\n(h) a proceeding under the Mutual Assistance in Criminal Matters\nAct 1987 (Cwlth), section 13 in relation to a criminal matter that\nconcerns an offence—\n(i) against the laws of the foreign country that made the\nrequest resulting in the proceeding; and\n(ii) punishable by imprisonment of 3 years or more.\n\nDictionary\nR10\n30/09/23\nCrimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\npage 51\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(i) a proceeding for the taking of evidence under the Extradition\nAct 1988 (Cwlth), section 43 to the extent that the proceeding\nrelates to a relevant offence;\n(j) a proceeding for the extradition of a person from another\njurisdiction to the ACT, to the extent that the proceeding relates\nto a relevant offence;\n(k) a proceeding under the International War Crimes Tribunals Act\n1995 (Cwlth), part 4.1;\n(l) a proceeding of the International Criminal Court.\nremote application for a warrant, means an application mentioned in\nsection 12 or section 20.\nreport, of a conversation or activity, includes a report of the\nsubstance, meaning or purport of the conversation or activity.\nretrieval warrant means a warrant issued under division 2.3\n(Retrieval warrants).\nsurveillance device means—\n(a) a data surveillance device, a listening device, an optical\nsurveillance device or a tracking device; or\n(b) a device that is a combination of any 2 or more of the devices\nmentioned in paragraph (a); or\n(c) a device of a kind prescribed by regulation.\nsurveillance device warrant means a warrant issued under\ndivision 2.2 (Surveillance device warrants) or under section 29 (3)\n(Judge may approve emergency use of powers).\ntracking device means an electronic device capable of being used to\nwork out or monitor the location of a person or an object or the status\nof an object.\n\nDictionary\npage 52 Crimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\nR10\n30/09/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nunsworn application, for a warrant, means an application under\nsection 11 (4) or section 19 (4).\nuse, of a surveillance device, includes use of the device to record a\nconversation or other activity.\nvehicle includes aircraft and vessel.\nwarrant means surveillance device warrant or retrieval warrant.\n\nEndnotes\nAbout the endnotes 1\nR10\n30/09/23\nCrimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\npage 53\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 54 Crimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\nR10\n30/09/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nCrimes (Surveillance Devices) Act 2010 A2010-23\nnotified LR 7 July 2010\ns 1, s 2 commenced 7 July 2010 (LA s 75 (1))\nremainder commenced 7 January 2011 (s 2 and LA s 79)\nas amended by\nStatute Law Amendment Act 2014 A2014-18 sch 3 pt 3.7\nnotified LR 20 May 2014\ns 1, s 2 commenced 20 May 2014 (LA s 75 (1))\nsch 3 pt 3.7 commenced 10 June 2014 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2014\n(No 2) A2014-49 sch 1 pt 1.6\nnotified LR 10 November 2014\ns 1, s 2 commenced 10 November 2014 (LA s 75 (1))\nsch 1 pt 1.6 commenced 17 November 2014 (s 2)\nCrimes Legislation Amendment Act 2015 A2015-3 pt 7\nnotified LR 2 March 2015\ns 1, s 2 commenced 2 March 2015 (LA s 75 (1))\npt 7 commenced 3 March 2015 (s 2 (1))\nFreedom of Information Act 2016 A2016-55 sch 4 pt 4.8 (as am by\nA2017-14 s 19)\nnotified LR 26 August 2016\ns 1, s 2 commenced 26 August 2016 (LA s 75 (1))\nsch 4 pt 4.8 commenced 1 January 2018 (s 2 as am by A2017-14 s 19)\nJustice and Community Safety Legislation Amendment Act 2017\n(No 2) A2017-14 s 19\nnotified LR 17 May 2017\ns 1, s 2 commenced 17 May 2017 (LA s 75 (1))\ns 19 commenced 24 May 2017 (s 2 (1))\nNote This Act only amends the Freedom of Information Act 2016\nA2016-55.\n\nEndnotes\nLegislation history 3\nR10\n30/09/23\nCrimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\npage 55\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nCrimes Legislation Amendment Act 2018 (No 2) A2018-40 pt 5\nnotified LR 7 November 2018\ns 1, s 2 commenced 7 November 2018 (LA s 75 (1))\npt 5 commenced 8 November 2018 (s 2)\nIntegrity Commission Act 2018 A2018-52 sch 1 pt 1.8 (as am by\nA2019-18 s 4)\nnotified LR 11 December 2018\ns 1, s 2 commenced 11 December 2018 (LA s 75 (1))\nsch 1 pt 1.8 commenced 1 December 2019 (s 2 (2) (a) as am by\nA2019-18 s 4)\nIntegrity Commission Amendment Act 2019 A2019-18 s 4\nnotified LR 14 June 2019\ns 1, s 2 commenced 14 June 2019 (LA s 75 (1))\ns 3, s 4 commenced 15 June 2019 (s 2 (1))\nNote This Act only amends the Integrity Commission Act 2018\nA2018-52.\nCrimes Legislation Amendment Act 2021 (No 2) A2021-18 pt 4\nnotified LR 11 August 2021\ns 1, s 2 commenced 11 August 2021 (LA s 75 (1))\npt 4 commenced 11 February 2022 (s 2 (2) and LA s 79)\nJustice and Community Safety Legislation Amendment\nAct 2021 (No 2) A2021-33 pt 7\nnotified LR 10 December 2021\ns 1, s 2 commenced 10 December 2021 (LA s 75 (1))\npt 7 commenced 17 December 2021 (s 2 (1))\nCourts Legislation Amendment Act 2023 A2023-37 sch 1 pt 1.4\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.4 commenced 30 September 2023 (s 2)\n\nEndnotes\n4 Amendment history\npage 56 Crimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\nR10\n30/09/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nPurposes of Act\ns 6 am A2018-52 amdt 1.55; A2021-18 s 10\nRelationship to other laws and matters\ns 7 am A2016-55 amdt 4.10; A2021-18 s 11\nInvestigation taken to be conducted in ACT\ns 8 am A2018-52 amdt 1.56\nWho may issue warrants?\ns 10 am A2018-40 s 15; A2023-37 amdt 1.6\nSurveillance device warrant—application\ns 11 am A2018-52 amdts 1.57-1.59\nSurveillance device warrant—deciding the application\ns 13 am A2018-52 amdt 1.60\nWhat must a surveillance device warrant contain?\ns 14 am A2018-52 amdt 1.61\nExtension and amendment of surveillance device warrant\ns 16 am A2014-18 amdt 3.28, amdt 3.29\nDiscontinuance of use of surveillance device under warrant\ns 18 am A2018-52 amdt 1.62\nWhat must a retrieval warrant contain?\ns 22 am A2015-3 s 30\nApplication of pt 3—integrity commission\ns 24A ins A2018-52 amdt 1.63\nProhibition on communication or publication of protected information\ns 34 am A2014-49 amdt 1.13; A2018-52 amdt 1.64; pars renum R7\nLA\nProtection of surveillance device technologies and methods\ns 36 am A2018-52 amdt 1.65\nBody-worn cameras\npt 5A hdg ins A2021-18 s 12\nMeaning of body-worn camera\ns 43A ins A2021-18 s 12\nUse of body-worn cameras by police officers\ns 43B ins A2021-18 s 12\n\nEndnotes\nAmendment history 4\nR10\n30/09/23\nCrimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\npage 57\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nBody-worn cameras—guidelines\ns 43C ins A2021-18 s 12\nDelegation\ns 44 am A2018-52 amdt 1.66; A2021-33 s 15\nDictionary\ndict am A2014-18 amdt 3.30; A2018-52 amdt 1.67\ndef body-worn camera ins A2021-18 s 13\ndef chief officer am A2018-52 amdt 1.68\ndef corrupt conduct ins A2018-52 amdt 1.69\ndef judge ins A2018-40 s 16\nom A2023-37 amdt 1.7\ndef law enforcement agency am A2018-52 amdt 1.70\ndef law enforcement officer am A2018-52 amdt 1.71\ndef relevant proceeding am A2018-52 amdt 1.72; pars renum\nR7 LA\ndef unsworn application sub A2014-18 amdt 3.31\n\nEndnotes\n5 Earlier republications\npage 58 Crimes (Surveillance Devices) Act 2010\nEffective: 30/09/23\nR10\n30/09/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n7 Jan 2011\n7 Jan 2011–\n9 June 2014\nnot amended new Act\nR2\n10 June 2014\n10 June 2014–\n16 Nov 2014\nA2014-18 amendments by\nA2014-18\nR3\n17 Nov 2014\n17 Nov 2014-\n2 Mar 2015\nA2014-49 amendments by\nA2014-49\nR4\n3 Mar 2015\n3 Mar 2015-\n31 Dec 2017\nA2015-3 amendments by\nA2015-3\nR5\n1 Jan 2018\n1 Jan 2018–\n7 Nov 2018\nA2017-14 amendments by\nA2016-55\nas amended by\nA2017-14\nR6\n8 Nov 2018\n8 Nov 2018–\n30 Nov 2019\nA2018-40 amendments by\nA2018-40\nR7\n1 Dec 2019\n1 Dec 2019–\n16 Dec 2021\nA2019-18 amendments by\nA2018-52\nas amended by\nA2019-18\nR8\n17 Dec 2021\n17 Dec 2021–\n10 Feb 2022\nA2021-33 amendments by\nA2021-33\nR9\n11 Feb 2022\n11 Feb 2022–\n29 Sept 2023\nA2021-33 amendments by\nA2021-18\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n© Australian Capital Territory 2023","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original Act (2010) focused on judicially authorised surveillance devices for criminal investigations. The scope has expanded significantly through amendments: (1) Addition of the Integrity Commission (anti-corruption) as a law enforcement agency (2018); (2) Inclusion of body-worn cameras for police (2021), which operates as a distinct regulatory scheme outside the warrant framework; (3) Expansion of 'relevant proceedings' to include international war crimes tribunals and the International Criminal Court; and (4) Specific exclusion of emergency authorisations for the Integrity Commission (s 24A), creating a complex patchwork of applicable agencies."},"complexity_factors":["Multiple overlapping warrant types (surveillance device warrants vs retrieval warrants) with different issuing authorities (judges vs magistrates) and different thresholds","Extensive cross-referencing between Parts 2, 3, 4 and 5, particularly regarding emergency authorisations and their retrospective approval","Nested exceptions in Division 5.1 regarding 'protected information'—general prohibitions with 9 specific permitted uses and further limitations on those uses (e.g., s 34(8) restricting emergency authorisation information unless approved)","Dual application framework allowing ACT warrants to authorise surveillance in other jurisdictions and recognition of foreign warrants, creating jurisdictional complexity","Detailed record-keeping obligations in s 40 requiring 9 different categories of records with specific data points for each warrant type","Interaction with Commonwealth legislation (Telecommunications Interception and Access Act, ASIO Act, Mutual Assistance in Criminal Matters Act) creating layered regulatory environment","Body-worn camera provisions (Part 5A) operate outside the warrant framework but interact with general surveillance device prohibitions in s 7(1)"],"plain_english_summary":"This Act sets out the rules for when and how police and other law enforcement agencies in the ACT can use surveillance devices—such as listening devices, cameras, tracking devices, and data monitors—to investigate serious crimes and corruption.\n\n**Who it affects:**\n- **Law enforcement officers** (ACT Policing, Australian Crime Commission, and the Integrity Commission) who want to use surveillance devices.\n- **Judges and magistrates** who issue warrants authorising surveillance.\n- **The public**, whose privacy is protected by strict rules about how surveillance can be conducted and how the information is handled.\n\n**What it does:**\n- **Warrants:** Officers must generally get a warrant from a judge (or a magistrate for simple tracking devices) before installing or using a surveillance device. The warrant must specify what device is being used, where, and for how long (up to 90 days, extendable).\n- **Emergency authorisations:** In urgent situations—such as an imminent threat of serious violence or property damage, or when evidence might be lost across state borders—a senior officer can give immediate approval to use a device without a warrant. However, they must apply to a judge for approval within 2 working days afterwards.\n- **Cross-border cooperation:** The Act recognises surveillance warrants and emergency authorisations from other states and territories, allowing ACT officers to operate interstate and vice versa.\n- **Strict secrecy:** Information obtained through surveillance (\"protected information\") is tightly controlled. It is a criminal offence (up to 2 years jail, or 10 years if safety is endangered or an investigation is prejudiced) to use, communicate, or publish this information except for specific purposes like prosecutions or court proceedings.\n- **Record keeping and oversight:** Agencies must keep detailed records, report annually to the Legislative Assembly, and submit to inspections by the Ombudsman to ensure compliance.\n- **Body-worn cameras:** Police officers must use body-worn cameras when dealing with the public, unless it is unsafe or impractical, with guidelines set by the Chief Police Officer.\n\n**Why it matters:**\nThe Act tries to balance the need for law enforcement to gather evidence against serious criminals with the protection of individual privacy rights. It ensures surveillance is authorised by independent judicial officers (or senior officers in emergencies), is subject to oversight, and that sensitive information is not misused."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Since the original enactment the Act’s scope has been expanded and adjusted by amendment. Notable scope changes in the republished text include the insertion of a dedicated body‑worn camera regime (Part 5A: ss 43A–43C, inserted by A2021‑18) that sits outside the warrant regime (s 43B(7)); explicit treatment of the integrity commission (s 24A) and related definitional amendments to include agencies and officers under the Act (dictionary amendments noted in the amendment history); and amendments to who may issue warrants and other procedural refinements (see s 10 and amendment history). These amendments broaden the types of authorised surveillance (express body‑worn cameras) and clarify cross‑institutional application and oversight while keeping the original framework of warrants, emergency authorisations, secrecy protections and reporting (s 6; Parts 2–5)."},"complexity_factors":["Multiple warrant types and distinct procedures: surveillance device warrants and retrieval warrants with different content and issuing rules (ss 9, 11, 19, 14, 22).","Urgent/remote application pathways and post‑hoc approval: unsworn and remote applications, emergency authorisations by chief officers with later judicial approval (ss 11(4)–(6), 12, 25–29).","Cross‑jurisdiction recognition and participation rules: corresponding warrants and emergency authorisations and definition of participating jurisdiction (ss 31–32, s 8, dict).","Wide operational powers authorised by warrants: entry by force, breaking open, temporary removal of objects, connection to power/transmission systems, and technical assistance (s 15(2)–(3), s 23(1)).","Privacy and secrecy regime with criminal sanctions: definition of protected information and multi‑tiered offences and exceptions (ss 33–34).","Extensive record‑keeping, reporting and register obligations on chief officers, including annual Ministerial reports and legislative presentation (ss 35, 38–41).","Oversight and inspection mechanisms: ombudsman inspection powers and evidentiary certificates for agency statements (ss 42, 43).","Separate body‑worn camera regime with mandatory use rules and guidelines, distinct from warrant processes (Part 5A: ss 43A–43C).","Delegation limits and centralised chief officer powers: restricted delegation of chief officer functions and defined senior officer classes (s 44).","Judicial and administrative discretion points that require balancing intrusive powers and public interest in trials and operational secrecy (ss 13(2), 28–29, 36(2)–(5))."],"plain_english_summary":"# What this law does, who it affects, and how it works\n\n- Mechanically, the Act sets out how law enforcement may get legal authority to install, use, maintain and retrieve surveillance devices (like listening devices, tracking devices, data surveillance devices and optical devices) for criminal and corrupt‑conduct investigations. The main tools are:\n  - surveillance device warrants and retrieval warrants issued by a judge (or, in limited cases for tracking devices, a magistrate) (ss 9–10, 14, 22);\n  - emergency authorisations given by a chief officer of an agency when immediate action is needed and it is impracticable to get a warrant, followed by prompt judicial approval procedures (Part 3: ss 25–30);\n  - recognition and execution in the ACT of corresponding warrants and emergency authorisations from other jurisdictions (Part 4: ss 31–32).\n\n- The Act requires a written application supported by affidavit in ordinary cases, allows remote or unsworn (urgent) applications in urgent circumstances, and limits warrants to a maximum initial period of 90 days (ss 11–13, 14(1)(viii), 16).\n\n- The Act lists what warrants and retrieval warrants may authorise: installation, use, maintenance, retrieval, temporary removal of objects for installation/retrieval, entry by force if necessary, connection to power or transmission systems, and provision of technical assistance (s 15(2)–(3); s 23(1)).\n\n- For emergency authorisations, a chief officer may authorise use if there are reasonable grounds that immediate use is necessary to deal with imminent serious violence or substantial property damage, or to prevent loss of evidence when an investigation is likely to extend to another jurisdiction; the chief officer must then apply to a judge for approval within 2 working days (ss 25–27). A judge may later approve continued use, issue a full warrant, or order the use to cease (ss 28–30).\n\n- The Act restricts use, communication and publication of ‘‘protected information’’ obtained under warrants or emergency authorisations and creates criminal penalties for unauthorised disclosure (including higher penalties where disclosure endangers safety or prejudices investigations). There are specified exceptions and permitted uses (Part 5 div 5.1: ss 33–34).\n\n- The Act imposes record‑keeping, secure storage and destruction obligations on chief officers, requires annual reporting to the Minister with public presentation to the Legislative Assembly, and requires a register of warrants and emergency authorisations. The ombudsman may inspect records to assess compliance (ss 35, 38–42).\n\n- The Act creates a separate, overt regime for police use of body‑worn cameras: definition, mandatory use when dealing with members of the public unless impracticable or risky, requirement that use be overt and follow written guidelines, and obligations for the chief police officer to make consultative guidelines (Part 5A: ss 43A–43C).\n\n- The Act’s stated purposes are to establish warrant and emergency‑authorisation procedures for surveillance device use (including cross‑jurisdictional investigations), to recognise corresponding instruments from other jurisdictions, to restrict disclosure of material from surveillance operations, to require secure record keeping and reporting, and to provide rules for body‑worn cameras (s 6).\n\nMechanisms that determine who pays, who decides and how behaviour changes\n\n- Who decides: judges or magistrates issue warrants (s 10); chief officers give emergency authorisations (ss 25–26) and must act to discontinue uses and seek revocation where grounds no longer exist (s 18); the chief police officer sets body‑worn camera guidelines (s 43C); the ombudsman inspects records (s 42).\n\n- Who pays / carries out obligations: law enforcement agencies and their chief officers bear the compliance costs—keeping secure records, preparing annual reports, maintaining registers, storing and destroying records, and ensuring staff cooperation with ombudsman inspections (ss 35, 38–41, 42). Agencies also pay operational costs of procuring, installing and maintaining surveillance devices and enhancement equipment (s 15(2)–(3)).\n\n- Behaviour changes for agencies and officers: officers must act under warrants or lawful emergency authorisations when using surveillance devices (s 15(5)); chief officers must discontinue use when no longer necessary and apply for revocation (s 18); police officers must use body‑worn cameras when dealing with the public unless exceptions apply (s 43B(2)–(3)).\n\nCosts, incentives, trade‑offs and implementation points to watch (source‑grounded)\n\n- Trade‑off between speed and oversight: the Act permits immediate action through unsworn or remote applications (ss 11(4)–(5), 12, 19(4)–(5)) and through chief‑officer emergency authorisations (ss 25–26), but requires prompt judicial review or approval (must apply to a judge within 2 working days after an emergency authorisation—s 27(1)). The Act gives judges discretion to approve, issue a full warrant, or order use to cease (s 29(3)–(4)).\n\n- Concentration of decision power and points of discretion: chief officers can authorise emergency use (s 25(3)); judges and magistrates exercise gatekeeping functions for warrants (s 10); chief officers have limited delegation ability (s 44). These are the loci where operational and legal discretion is exercised.\n\n- Compliance burden: criminal penalties for unauthorised disclosure (ss 34(1)–(3) and higher penalties in ss 34(4)–(5)), detailed record‑keeping and reporting duties on chief officers (ss 35, 38–41), and obligations to keep records secure and to destroy records no longer required (s 35) impose administrative costs and processes that agencies must resource.\n\n- Implementation risk around emergency authorisations: emergency authorisations may be used before judicial oversight; if a judge later does not approve the emergency exercise, the judge may order the use to cease and direct how information is handled (ss 29–30). The application and approval timetable (2 working days—s 27(1)) is a defined constraint on after‑the‑fact judicial review.\n\n- Protection of operational methods: the Act allows non‑disclosure orders and objections in proceedings to protect surveillance technology and methods, subject to consideration of fair trial and public interest (s 36(1)–(6); s 37 about custody of court records).\n\n- Effects on private parties and businesses: warrants may authorise entry by force, breaking open things, temporary removal of objects or vehicles for installation/retrieval of devices and connection to power or transmission systems (s 15(2)–(3); s 23(1)(c)–(d)). These are concrete powers that can affect premises, vehicles, and objects in private hands.\n\n- Cross‑jurisdiction use and recognition: the Act treats investigations with participation by ACT officers as conducted in the ACT (s 8), recognises corresponding warrants and emergency authorisations from participating jurisdictions (ss 31–32), and provides for emergency continuation of authorised devices when investigations extend beyond the ACT (s 26). This establishes legal mechanisms for multi‑jurisdictional operations.\n\n- Body‑worn camera regime separate from warrant rules: use of body‑worn cameras is governed by Part 5A and is not subject to the warrant or emergency authorisation parts (s 43B(7)). The chief police officer must make guidelines and consult the director‑general (s 43C).\n\nCaveats about apparent aims\n\n- The Act’s stated aims are listed in s 6. The Act’s mechanics support those aims by creating warrant procedures (Part 2), emergency routes (Part 3) and reporting and secrecy controls (Part 5). The mechanics also create administrative costs for agencies (record keeping, reporting, security) and allocate decision‑making roles to judges, chief officers and the ombudsman (ss 10, 25–26, 42). These are concrete incentive and cost structures embedded in the Act rather than evaluative claims about outcomes."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/crimes-surveillance-devices-act-2010","history":"/api/acts/crimes-surveillance-devices-act-2010/history","analysis":"/api/acts/crimes-surveillance-devices-act-2010/analysis","conflicts":"/api/acts/crimes-surveillance-devices-act-2010/conflicts","importantCases":"/api/acts/crimes-surveillance-devices-act-2010/important-cases","documents":"/api/acts/crimes-surveillance-devices-act-2010/documents"}}