{"id":"surveillance-devices-act-2016","name":"Surveillance Devices Act 2016","slug":"surveillance-devices-act-2016","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110410,"registerId":"sa-surveillance-devices-act-2016-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Surveillance Devices Act 2016","content":"South Australia\nSurveillance Devices Act 2016\nAn Act to make provision relating to the use of surveillance devices; to provide for cross‑border recognition of warrants relating to surveillance devices; to repeal the Listening and Surveillance Devices Act 1972; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\nPart 2—Regulation of installation, use and maintenance of surveillance devices\nDivision 1—Installation, use and maintenance of surveillance devices\n4\tListening devices\n5\tOptical surveillance devices\n6\tListening devices and optical surveillance devices—public interest exception\n7\tTracking devices\n8\tData surveillance devices\nDivision 2—Regulation of communication or publication of information or material derived from use of surveillance devices\n9\tCommunication or publication of information or material—lawful interest\n10\tCommunication or publication of information or material—public interest\n11\tOrders authorising use, communication or publication of certain information or material\n12\tProhibition on communication or publication derived from use of surveillance device\nPart 3—Surveillance device warrants and surveillance device (emergency) authorities\nDivision 1—Surveillance device (tracking) warrants\n13\tApplication of Division\n14\tApplication procedure\n15\tSurveillance device (tracking) warrant\nDivision 2—Surveillance device (general) warrants\n16\tApplication of Division\n17\tUsual application procedure\n18\tRemote application procedure\n19\tSurveillance device (general) warrant\nDivision 3—Surveillance device (emergency) authorities\n20\tApplication procedure\n21\tSurveillance device (emergency) authority\n22\tApplication for confirmation of surveillance device (emergency) authority etc\n23\tConfirmation of surveillance device (emergency) authority etc\nDivision 4—Recognition of corresponding warrants and authorities\n24\tCorresponding warrants\n25\tCorresponding emergency authorities\nDivision 5—Miscellaneous\n26\tManagement of records relating to surveillance device warrants etc\n27\tLimitations on use of information or material derived under this Part\nPart 4—Register, reports and records\n28\tInterpretation\n29\tRegister\n30\tReports and records\n31\tControl by investigating agencies of certain records, information and material\n32\tInspection of records\n33\tPowers of review agency\nPart 5—Miscellaneous\n34\tOffence to wrongfully disclose information\n35\tDelegation\n36\tPossession etc of declared surveillance device\n37\tPower to seize surveillance devices etc\n38\tImputing conduct to bodies corporate\n39\tEvidence\n40\tForfeiture of surveillance devices\n41\tRegulations\nSchedule 1—Repeal and transitional provisions\nPart 4—Repeal and transitional provisions\n4\tRepeal and transitional provisions\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Surveillance Devices Act 2016.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nACC means the Australian Crime Commission;\nassociated equipment, in relation to a surveillance device, means equipment or things used for, or in connection with, the operation of the device;\nbusiness day means any day other than a Saturday, Sunday or public holiday;\nchief officer of an investigating agency means—\n\t(a)\tin the case of SA Police—the Commissioner of Police; or\n\t(b)\tin the case of the Independent Commission Against Corruption—the Independent Commissioner Against Corruption; or\n\t(c)\tin the case of the ACC—the Chief Executive Officer of the ACC; or\n\t(d)\tin the case of any other investigating agency—the person responsible under the legislation establishing the agency for the control and management of the agency;\ncode name—see subsection (2) and sections 19(3) and 21(3);\ncorresponding emergency authority means an authority in the nature of a surveillance device (emergency) authority under this Act issued under a corresponding law of a participating jurisdiction in relation to an offence against the law of that jurisdiction corresponding to a serious offence;\ncorresponding law means a law of another jurisdiction declared by the regulations to correspond to this Act;\ncorresponding warrant means a warrant in the nature of a surveillance device warrant under this Act issued under a corresponding law of a participating jurisdiction in relation to an offence against the law of that jurisdiction corresponding to a serious offence;\ndata surveillance device means—\n\t(a)\ta program or device capable of being used to access, track, monitor or record the input of information into, or the output of information from, a computer; and\n\t(b)\tassociated equipment (if any),\nbut does not include a device, or device of a class or kind, excluded from the ambit of this definition by the regulations;\ndeclared surveillance device means a surveillance device or a surveillance device of a class or kind to which for the time being section 36 applies;\nduplicate surveillance device (general) warrant—see section 18(2)(e);\nIndependent Commission Against Corruption means the Independent Commission Against Corruption under the Independent Commission Against Corruption Act 2012;\nIndependent Commissioner Against Corruption means the person holding or acting in the office of the Independent Commissioner Against Corruption under the Independent Commission Against Corruption Act 2012;\ninvestigating agency means—\n\t(a)\tSA Police; or\n\t(b)\tthe Independent Commission Against Corruption; or\n\t(c)\tthe ACC; or\n\t(d)\tan enforcement agency within the meaning of the Telecommunications (Interception and Access) Act 1979 of the Commonwealth (an enforcement agency); or\n\t(e)\ta police force of a participating jurisdiction;\njudge means a judge of the Supreme Court of South Australia;\njurisdiction means the Commonwealth or a State or Territory of the Commonwealth;\nlistening device means—\n\t(a)\ta device capable of being used to listen to or record a private conversation or words spoken to or by any person in private conversation (whether or not the device is also capable of operating as some other kind of surveillance device); and\n\t(b)\tassociated equipment (if any),\nbut does not include—\n\t(c)\ta device being used to assist a person with impaired hearing to hear sounds ordinarily audible to the human ear; or\n\t(d)\ta device, or device of a class or kind, excluded from the ambit of this definition by the regulations;\nmaintain, in relation to a surveillance device, includes—\n\t(a)\tadjust, relocate, repair or service the device; and\n\t(b)\treplace a faulty device;\nmedia organisation means an organisation whose activities consist of or include the collection, preparation for dissemination or dissemination of the following material for the purpose of making it available to the public:\n\t(a)\tmaterial having the character of news, current affairs, information or a documentary;\n\t(b)\tmaterial consisting of commentary or opinion on, or analysis of, news, current affairs, information or a documentary;\nmember of the staff of the ACC has the same meaning as in the Australian Crime Commission Act 2002 of the Commonwealth;\nofficer of an investigating agency or officer means—\n\t(a)\tin the case of SA Police—a police officer or a police officer (however described) of another jurisdiction seconded to SA Police; or\n\t(b)\tin the case of the Independent Commissioner Against Corruption—an investigator under the Independent Commission Against Corruption Act 2012; or\n\t(c)\tin the case of the ACC—a member of the Board of the ACC or a member of the staff of the ACC who is a member of the Australian Federal Police or the police force of a State or Territory of the Commonwealth; or\n\t(d)\tin the case of a police force of a participating jurisdiction—a police officer (however described) who is a member of that police force or a police officer (however described) of another jurisdiction seconded to that police force; or\n\t(e)\tin the case of an enforcement agency—a person authorised under the Telecommunications (Interception and Access) Act 1979 of the Commonwealth to apply for a warrant under that Act;\noptical surveillance device means—\n\t(a)\ta device capable of being used to observe or record visually (whether for still or moving pictures) a person, place or activity; and\n\t(b)\tassociated equipment (if any),\nbut does not include—\n\t(c)\tspectacles, contact lenses or a similar device used by a person with impaired vision to lessen or overcome that impairment; or\n\t(d)\ttelescopes, binoculars or similar devices; or\n\t(e)\ta device, or device of a class or kind, excluded from the ambit of this definition by the regulations;\nparticipating jurisdiction means a jurisdiction in which a corresponding law is in force;\npremises includes—\n\t(a)\tland; and\n\t(b)\ta building; and\n\t(c)\ta part of a building; and\n\t(d)\tany place, whether built on or not,\nwhether in or outside this State;\nprincipal party, in relation to a private conversation, means a person by or to whom words are spoken in the course of the conversation;\nprivate activity means—\n\t(a)\tan activity carried on by only 1 person in circumstances that may reasonably be taken to indicate that the person does not desire it to be observed by any other person, but does not include—\n\t(i)\tan activity carried on in a public place; or\n\t(ii)\tan activity carried on or in premises or a vehicle if the activity can be readily observed from a public place; or\n\t(iii)\tan activity carried on in any other circumstances in which the person ought reasonably to expect that it may be observed by some other person; or\n\t(b)\tan activity carried on by more than 1 person in circumstances that may reasonably be taken to indicate that at least 1 party to the activity desires it to be observed only by the other parties to the activity, but does not include—\n\t(i)\tan activity carried on in a public place; or\n\t(ii)\tan activity carried on or in premises or a vehicle if the activity can be readily observed from a public place; or\n\t(iii)\tan activity carried on in any other circumstances in which a party to the activity ought reasonably to expect that it may be observed by a person who is not a party to the activity;\nprivate conversation means a conversation carried on in circumstances that may reasonably be taken to indicate that at least 1 party to the conversation desires it to be heard only by the other parties to the conversation (but does not include a conversation made in circumstances in which all parties to the conversation ought reasonably to expect that it may be heard by a person who is not a party to the conversation);\npublic place includes—\n\t(a)\ta place to which free access is permitted to the public, with the express or tacit consent of the owner or occupier of that place; and\n\t(b)\ta place to which the public are admitted on payment of money, the test of admittance being the payment of money only; and\n\t(c)\ta road, street, footway, court, alley or thoroughfare which the public are allowed to use, even though that road, street, footway, court, alley or thoroughfare is on private property;\nrelevant investigation means any of the following investigations:\n\t(a)\tan investigation of an offence (whether under the law of this State or another jurisdiction);\n\t(b)\tan investigation for the purposes of the Serious and Organised Crime (Control) Act 2008;\n\t(c)\tan investigation for the purposes of the Serious and Organised Crime (Unexplained Wealth) Act 2009;\n\t(d)\tan investigation for the purposes of a proceeding for the confiscation or forfeiture of property or for the imposition of a pecuniary penalty;\n\t(e)\tan investigation of alleged misbehaviour or improper conduct of a member of a police force or an officer or employee of the State or another jurisdiction;\nrelevant action or proceeding means any of the following actions or proceedings (whether under the law of this State or another jurisdiction):\n\t(a)\ta prosecution of an offence;\n\t(b)\tan application for bail;\n\t(c)\tan application for a warrant or authority under this Act or any other Act or law;\n\t(d)\tthe making, variation or revocation of a public safety order under the Serious and Organised Crime (Control) Act 2008;\n\t(e)\tan application for a declaration or order under the Serious and Organised Crime (Control) Act 2008 (or an Act of another jurisdiction prescribed for the purposes of this paragraph);\n\t(f)\tthe giving of an authorisation by the DPP under the Serious and Organised Crime (Unexplained Wealth) Act 2009;\n\t(g)\tan application under the Serious and Organised Crime (Unexplained Wealth) Act 2009;\n\t(h)\tthe confiscation or forfeiture of property or the imposition of a pecuniary penalty;\n\t(i)\tthe taking of evidence on commission for use in criminal proceedings originating in Australia;\n\t(j)\tthe extradition or transfer of a person to or from Australia or a State or Territory of the Commonwealth;\n\t(k)\ta police disciplinary proceeding;\n\t(l)\ta proceeding relating to alleged misbehaviour, or alleged improper conduct, of a police officer (however described), or an officer or employee, of the State or another jurisdiction;\nresponsible officer—\n\t(a)\tin relation to a surveillance device warrant—means the officer primarily responsible for executing the warrant; and\n\t(b)\tin relation to a surveillance device (emergency) authority—means the officer primarily responsible for exercising the powers under the authority;\nreview agency for an investigating agency means—\n\t(a)\tfor SA Police—the Inspector under Schedule 4 of the Independent Commission Against Corruption Act 2012; or\n\t(b)\tfor the Independent Commissioner Against Corruption—the Inspector under Schedule 4 of the Independent Commission Against Corruption Act 2012;\nSA Police means South Australia Police;\nserious drug offence means—\n\t(a)\tan offence against Part 5 Division 2 or 3 of the Controlled Substances Act 1984 or a substantially similar offence against a corresponding previous enactment; or\n\t(b)\tan offence against a law of the Commonwealth dealing with the unlawful importation of drugs into Australia; or\n\t(c)\ta conspiracy to commit, or an attempt to commit, such an offence;\nserious offence means—\n\t(a)\ta serious drug offence; or\n\t(b)\tany of the following offences:\n\t(i)\tan offence for which a maximum penalty prescribed is, or includes, imprisonment for at least 3 years;\n\t(ii)\ta conspiracy to commit, or an attempt to commit, such an offence; or\n\t(iii)\tan offence—\n\t(A)\tof aiding or abetting, counselling or procuring any such offence; or\n\t(B)\tof being an accessory after the fact to any such offence; or\n\t(c)\tan offence against the law of another jurisdiction corresponding to an offence referred to in a preceding paragraph;\nsurveillance device means—\n\t(a)\ta listening device; or\n\t(b)\tan optical surveillance device; or\n\t(c)\ta tracking device; or\n\t(d)\ta data surveillance device; or\n\t(e)\ta device that is a combination of any of the devices referred to in a preceding paragraph; or\n\t(f)\ta device of a class or kind prescribed by the regulations;\nsurveillance device (emergency) authority means a surveillance device (emergency) authority granted under Part 3 Division 3;\nsurveillance device warrant means—\n\t(a)\ta surveillance device (tracking) warrant; or\n\t(b)\ta surveillance device (general) warrant;\nsurveillance device (general) warrant means a warrant issued under Part 3 Division 2;\nsurveillance device (tracking) warrant means a warrant issued under Part 3 Division 1;\ntelephone includes any telecommunication device;\ntracking device means—\n\t(a)\ta device capable of being used to determine the geographical location of a person, vehicle or thing; and\n\t(b)\tassociated equipment (if any),\nbut does not include a device, or device of a class or kind, excluded from the ambit of this definition by the regulations;\nvehicle includes any vessel or aircraft.\n\t(2)\tFor the purposes of this Act, a code name for an officer in respect of a surveillance device warrant or surveillance device (emergency) authority means a unique identifier specified in the warrant or authority (as the case may be) instead of the officer's name.\nPart 2—Regulation of installation, use and maintenance of surveillance devices\nDivision 1—Installation, use and maintenance of surveillance devices\n4—Listening devices\n\t(1)\tSubject to this section and section 6, a person must not knowingly install, use or cause to be used, or maintain, a listening device—\n\t(a)\tto overhear, record, monitor or listen to a private conversation to which the person is not a party; or\n\t(b)\tto record a private conversation to which the person is a party.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$75 000;\n\t(b)\tin the case of a natural person—$15 000 or imprisonment for 3 years.\n\t(2)\tSubsection (1) does not apply—\n\t(a)\tto the use of a listening device by a party to a private conversation to record the conversation if—\n\t(i)\tall principal parties to the conversation consent, expressly or impliedly, to the device being so used; or\n\t(ii)\tthe use of the device is reasonably necessary for the protection of the lawful interests of that person; or\n\t(b)\tto the installation, use or maintenance of a listening device if—\n\t(i)\tthe installation, use or maintenance is authorised under this Act or any other Act or a corresponding law; or\n\t(ii)\tthe installation, use or maintenance is authorised under the Telecommunications (Interception and Access) Act 1979, or another law, of the Commonwealth, or\n\t(iii)\tthe device is installed, used or maintained for the purposes of an approved undercover operation under Part 2 of the Criminal Investigation (Covert Operations) Act 2009 by, or on behalf of, a person who is an authorised participant in the approved undercover operation; or\n\t(iv)\tthe device is installed, used or maintained by a person who holds an investigation agent's licence under the Security and Investigation Industry Act 1995 that authorises the holder of the licence to perform the functions of inquiry work and—\n\t(A)\tthe device is used by the licensee in the course of his or her functions as an investigation agent; and\n\t(B)\tthe use is reasonably necessary for the protection of the lawful interests of a person; or\n\t(v)\tthe device is installed, used or maintained by a loss adjuster to whom the Security and Investigation Industry Act 1995 does not apply and—\n\t(A)\tthe device is used by the loss adjuster in the course of his or her functions as a loss adjuster; and\n\t(B)\tthe use is reasonably necessary for the protection of the lawful interests of a person; or\n\t(c)\tto the installation, use or maintenance of a listening device on or within premises or a vehicle if—\n\t(i)\tan owner or occupier of the premises or vehicle agrees to the installation, use or maintenance of the device; and\n\t(ii)\tthe installation, use or maintenance of the device is reasonably necessary for the protection of the lawful interests of the owner or occupier of the premises or vehicle, or some other person; or\n\t(d)\tto the use of a listening device to record any words spoken in connection with the execution of a surveillance device warrant or surveillance device (emergency) authority under this Act, or a warrant or other authority under any other Act or law; or\n\t(e)\tto the use of a listening device by an officer for the purpose of recording any words spoken by or to, or within the hearing of, the officer during activities carried out in the course of the officer's duties; or\n\t(f)\tto the unintentional hearing of a private conversation by means of a listening device; or\n\t(g)\tto the use of a listening device solely for the purposes of the location and retrieval of the device; or\n\t(h)\tto the installation, use or maintenance of a listening device in prescribed circumstances.\n\t(3)\tAn exemption from subsection (1) that applies under subsection (2) or section 6 to a person in relation to the installation, use or maintenance of a listening device for the purposes of the investigation of a matter by an investigating agency extends to any other person who, for the purposes of the investigation—\n\t(a)\tinstalls, uses or maintains that device; or\n\t(b)\toverhears, records, monitors or listens to the private conversation by means of that device.\n5—Optical surveillance devices\n\t(1)\tSubject to this section and section 6, a person must not knowingly install, use or maintain an optical surveillance device on or in premises, a vehicle or any other thing, (whether or not the person has lawful possession or lawful control of the premises, vehicle or thing) to record visually or observe the carrying on of a private activity without the express or implied consent of each party to the activity.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$75 000;\n\t(b)\tin the case of a natural person—$15 000 or imprisonment for 3 years.\n\t(2)\tSubject to this section and section 6, a person must not knowingly install, use or maintain an optical surveillance device on or in premises, a vehicle or any other thing, to record visually or observe the carrying on of a private activity without the express or implied consent of each party to the activity and, if the installation, use or maintenance of the device involves entry onto or into the premises or vehicle, without the express or implied consent of the owner or occupier of the premises or vehicle.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$75 000;\n\t(b)\tin the case of a natural person—$15 000 or imprisonment for 3 years.\n\t(3)\tSubject to this section and section 6, a person must not knowingly install, use or maintain an optical surveillance device on or in premises, a vehicle or any other thing, to record visually or observe the carrying on of a private activity without the express or implied consent of each party to the activity and, if the installation, use or maintenance of the device involves interference with the premises, vehicle or thing, without the express or implied consent of the person having lawful possession or lawful control of the premises, vehicle or thing.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$75 000;\n\t(b)\tin the case of a natural person—$15 000 or imprisonment for 3 years.\n\t(4)\tSubsections (1) to (3) (inclusive) do not apply—\n\t(a)\tto the installation, use or maintenance of an optical surveillance device if—\n\t(i)\tthe installation, use or maintenance of the device is authorised under this Act or any other Act or a corresponding law; or\n\t(ii)\tthe installation, use or maintenance of the device is authorised under a law of the Commonwealth; or\n\t(iii)\tthe device is installed, used or maintained for the purposes of an approved undercover operation under Part 2 of the Criminal Investigation (Covert Operations) Act 2009 by, or on behalf of, a person who is an authorised participant in the approved undercover operation; or\n\t(iv)\tthe device is installed, used or maintained by a person who holds an investigation agent's licence under the Security and Investigation Industry Act 1995 that authorises the holder of the licence to perform the functions of inquiry work and—\n\t(A)\tthe device is used by the licensee in the course of his or her functions as an investigation agent; and\n\t(B)\tthe use is reasonably necessary for the protection of the lawful interests of a person; or\n\t(v)\tthe device is installed, used or maintained by a loss adjuster to whom the Security and Investigation Industry Act 1995 does not apply and—\n\t(A)\tthe device is used by the loss adjuster in the course of his or her functions as a loss adjuster; and\n\t(B)\tthe use is reasonably necessary for the protection of the lawful interests of a person; or\n\t(b)\tto the installation, use or maintenance of an optical surveillance device on premises by a person if the use of the device is reasonably necessary for the protection of the lawful interests of that person; or\n\t(c)\tto the use of an optical surveillance device to record any activity in connection with the execution of a surveillance device warrant or surveillance device (emergency) authority under this Act, or a warrant or other authority under any other Act or law; or\n\t(d)\tto the installation, use or maintenance of an optical surveillance device by an officer to record any activity carried out in a public place in the course of the officer's duties; or\n\t(e)\tto the use of an optical surveillance device solely for the purpose of the location and retrieval of the device; or\n\t(f)\tto the installation, use or maintenance of an optical surveillance device in prescribed circumstances.\n\t(5)\tAn exemption from subsection (1) that applies under subsection (4) or section 6 to a person in relation to the installation, use or maintenance of an optical surveillance device for the purposes of the investigation of a matter by an investigating agency extends to any other person who, for the purposes of the investigation—\n\t(a)\tinstalls, uses or maintains that device; or\n\t(b)\trecords or monitors an activity by means of that device.\n6—Listening devices and optical surveillance devices—public interest exception\n\t(1)\tSection 4 does not apply—\n\t(a)\tto the use of a listening device to overhear, record, monitor or listen to a private conversation if the use of the device is in the public interest; or\n\t(b)\tto the installation, use or maintenance of a listening device under subsection (2)(b)(iv) or (v) of that section if the use of the device is in the public interest.\n\t(2)\tSection 5 does not apply—\n\t(a)\tto the use of an optical surveillance device to record visually or observe the carrying on of a private activity if the use of the device is in the public interest; or\n\t(b)\tto the installation, use or maintenance of an optical surveillance device under subsection (4)(a)(iv) or (v), or subsection (4)(b), of that section if the use of the device is in the public interest.\n7—Tracking devices\n\t(1)\tSubject to this section, a person must not knowingly install, use or maintain a tracking device to determine the geographical location of—\n\t(a)\ta person without the express or implied consent of that person; or\n\t(b)\ta vehicle or thing without the express or implied consent of the owner, or a person in lawful possession or lawful control, of that vehicle or thing.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$75 000;\n\t(b)\tin the case of a natural person—$15 000 or imprisonment for 3 years.\n\t(2)\tSubsection (1) does not apply—\n\t(a)\tto the installation, use or maintenance of a tracking device if—\n\t(i)\tthe installation, use or maintenance of the device is authorised under this Act or any other Act or a corresponding law; or\n\t(ii)\tthe installation, use or maintenance of the device is authorised under a law of the Commonwealth; or\n\t(iii)\tthe device is installed, used or maintained for the purposes of an approved undercover operation under Part 2 of the Criminal Investigation (Covert Operations) Act 2009 by, or on behalf of, a person who is an authorised participant in the approved undercover operation; or\n\t(b)\tto the use of a tracking device solely for the purpose of the location and retrieval of the device; or\n\t(c)\tto the installation, use or maintenance of a tracking device in prescribed circumstances.\n8—Data surveillance devices\n\t(1)\tSubject to this section, a person must not knowingly install, use or maintain a data surveillance device to access, track, monitor or record the input of information into, the output of information from, or information stored in, a computer without the express or implied consent of the owner, or person with lawful control or management, of the computer.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$75 000;\n\t(b)\tin the case of a natural person—$15 000 or imprisonment for 3 years.\n\t(2)\tSubsection (1) does not apply—\n\t(a)\tto the installation, use or maintenance of a data surveillance device if the installation, use or maintenance of the device is authorised—\n\t(i)\tunder this Act or any other Act or a corresponding law; or\n\t(ii)\tunder a law of the Commonwealth; or\n\t(b)\tto the installation, use or maintenance of a data surveillance device in prescribed circumstances.\nDivision 2—Regulation of communication or publication of information or material derived from use of surveillance devices\n9—Communication or publication of information or material—lawful interest\n\t(1)\tA person must not knowingly use, communicate or publish information or material derived from the use of a listening device or an optical surveillance device in circumstances where the device was used to protect the lawful interests of that person except—\n\t(a)\tto a person who was a party to the conversation or activity to which the information or material relates; or\n\t(b)\twith the consent of each party to the conversation or activity to which the information or material relates; or\n\t(c)\tto an officer of an investigating agency for the purposes of a relevant investigation or relevant action or proceeding; or\n\t(d)\tin the course, or for the purposes, of a relevant action or proceedings; or\n\t(e)\tin relation to a situation where—\n\t(i)\ta person is being subjected to violence; or\n\t(ii)\tthere is an imminent threat of violence to a person; or\n\t(f)\tto a media organisation; or\n\t(g)\tin accordance with an order of a judge under this Division; or\n\t(h)\totherwise in the course of duty or as required or authorised by law.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$50 000;\n\t(b)\tin the case of a natural person—$10 000.\n\t(2)\tA person who is a licensed investigation agent under the Security and Investigation Industry Act 1995 must not knowingly use, communicate or publish information or material derived from the use of a listening device under section 4(2)(b)(iv), or an optical surveillance device under section 5(4)(a)(iv) except—\n\t(a)\tto a prescribed person or class of persons; or\n\t(b)\tin prescribed circumstances; or\n\t(c)\tas authorised by or under this Act or any other Act or law.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$50 000;\n\t(b)\tin the case of a natural person—$10 000.\n\t(3)\tA loss adjuster to whom the Security and Investigation Industry Act 1995 does not apply must not knowingly use, communicate or publish information or material derived from the use of a listening device under section 4(2)(b)(v), or an optical surveillance device under section 5(4)(a)(v) except—\n\t(a)\tto a prescribed person or class of persons; or\n\t(b)\tin prescribed circumstances; or\n\t(c)\tas authorised by or under this Act or any other Act or law.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$50 000;\n\t(b)\tin the case of a natural person—$10 000.\n10—Communication or publication of information or material—public interest\n\t(1)\tA person must not knowingly use, communicate or publish information or material derived from the use of a listening device or an optical surveillance device in circumstances where the device was used in the public interest except in accordance with an order of a judge under this Division.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$50 000;\n\t(b)\tin the case of a natural person—$10 000.\n\t(2)\tSubsection (1) does not apply to the use, communication or publication of information or material derived from the use of a listening device or an optical surveillance device in circumstances where the device was used in the public interest if—\n\t(a)\tthe use, communication or publication of the information or material is made to a media organisation; or\n\t(b)\tthe use, communication or publication of the information or material is made by a media organisation and the information or material is in the public interest.\n11—Orders authorising use, communication or publication of certain information or material\n\t(1)\tFor the purposes of sections 9 and 10, a person may, in accordance with the rules of court, apply to a judge for an order authorising the use, communication or publication of information or material derived from the use of a listening device or an optical surveillance device.\n\t(2)\tAn order under this section may—\n\t(a)\tspecify the information or material the subject of the order; and\n\t(b)\tspecify the manner in which, and to whom, the specified information or material may be used, communicated or published; and\n\t(c)\tcontain—\n\t(i)\tconditions and limitations; and\n\t(ii)\tany other matter as the judge thinks fit.\n12—Prohibition on communication or publication derived from use of surveillance device\n\t(1)\tA person must not knowingly use, communicate or publish information or material derived from the use (whether by that person or another person) of a surveillance device in contravention of this Part.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$75 000;\n\t(b)\tin the case of a natural person—$15 000 or imprisonment for 3 years.\n\t(1a)\tA person must not knowingly communicate or publish information or material derived from the use (whether by that person or another person) of a listening device in contravention of section 4 of the Listening and Surveillance Devices Act 1972 (as in force immediately prior to the commencement of this Act).\nMaximum penalty: $10 000 or imprisonment for 2 years.\n\t(2)\tThis section does not prevent the use, communication or publication of information or material derived from the use of a surveillance device in contravention of this Part—\n\t(a)\tto a person who was a party to the conversation or activity to which the information or material relates; or\n\t(b)\twith the consent of each party to the conversation or activity to which the information or material relates; or\n\t(c)\tfor the purposes of a relevant investigation or relevant action or proceeding relating to that contravention of this Part or a contravention of this section involving the communication or publication of that information or material; or\n\t(d)\tin the course of proceedings for an offence against this Act; or\n\t(e)\totherwise in the course of duty or as required by law.\n\t(3)\tA person who obtains knowledge of information or material in a manner that does not involve a contravention of this Part is not prevented from communicating or publishing the knowledge so obtained even if the same knowledge was also obtained in a manner that contravened this Part.\nPart 3—Surveillance device warrants and surveillance device (emergency) authorities\nDivision 1—Surveillance device (tracking) warrants\n13—Application of Division\nThis Division applies if, for the purposes of the investigation of a matter by an investigating agency, the agency requires the authority—\n\t(a)\tto install on a vehicle or thing situated in a public place, or in the lawful custody of the agency, 1 or more tracking devices; and\n\t(b)\tto use those devices.\nNote—\nSee also Division 2 and Division 3 in relation to the procedures to be followed if an investigating agency requires the authority of a surveillance device (general) warrant or a surveillance device (emergency) authority in order to install, use, maintain or retrieve surveillance devices, including tracking devices.\n14—Application procedure\n\t(1)\tAn officer of an investigating agency may, for the purposes of an investigation by the agency, apply to the chief officer of the agency for a surveillance device (tracking) warrant authorising—\n\t(a)\tthe use (in a public place or elsewhere) of 1 or more tracking devices; and\n\t(b)\tsuch interference as is reasonably required with any vehicle or thing situated in a public place, or in the lawful custody of the agency, to install, maintain or retrieve 1 or more tracking devices.\n\t(2)\tAn officer of an investigating agency may, for the purposes of an investigation by the agency, apply to the chief officer of the agency for the variation or renewal of a surveillance device (tracking) warrant.\n\t(3)\tAn application for a surveillance device (tracking) warrant, or the variation or renewal of a surveillance device (tracking) warrant, may be made in person, in writing, or by fax, email, telephone or any other means of communication.\n\t(4)\tIf an application is made by means other than by written application—\n\t(a)\tthe applicant must inform the chief officer of the relevant investigating agency of—\n\t(i)\this or her name; and\n\t(ii)\this or her rank or position in the investigating agency; and\n\t(iii)\tif he or she is not to be the officer primarily responsible for executing the warrant—the name of the responsible officer; and\n\t(iv)\tthe nature and duration of the warrant sought, including the kind of tracking device to which the warrant relates; and\n\t(v)\tthe grounds on which the warrant is sought; and\n\t(b)\tthe chief officer must make a contemporaneous written record of the details of the application; and\n\t(c)\tthe applicant must, within 24 hours of making the application, give to the chief officer written confirmation of the application.\n\t(5)\tIf a written application is made, the application must specify—\n\t(a)\tthe name of the applicant; and\n\t(b)\tthe applicant's rank or position in the investigating agency; and\n\t(c)\tif the applicant is not to be the officer primarily responsible for executing the warrant—the name of the responsible officer; and\n\t(d)\tthe nature and duration of the warrant sought, including the kind of tracking device to which the warrant relates; and\n\t(e)\tthe grounds on which the warrant, or variation or renewal of the warrant, is sought.\n\t(6)\tThe chief officer of the investigating agency to whom an application is made may require further information to be given in relation to the application.\n15—Surveillance device (tracking) warrant\n\t(1)\tThe chief officer of an investigating agency to whom an application is made may issue a surveillance device (tracking) warrant if satisfied that there are, in the circumstances of the case, reasonable grounds for issuing the warrant, taking into account—\n\t(a)\tthe nature and gravity of the criminal conduct to which the investigation relates; and\n\t(b)\tthe availability of alternative means of obtaining the information; and\n\t(c)\tany other surveillance device warrant under this Act applied for or issued in relation to the same matter; and\n\t(d)\tany other matter the chief officer considers relevant.\n\t(2)\tA surveillance device (tracking) warrant—\n\t(a)\tmust specify—\n\t(i)\tthe name of the applicant; and\n\t(ii)\tif the applicant is not to be the officer primarily responsible for executing the warrant—the name of the responsible officer; and\n\t(iii)\tthe name of the issuing officer; and\n\t(iv)\tthe kind of tracking device authorised to be used under the warrant; and\n\t(v)\tif the warrant authorises the use of a tracking device in respect of the geographical location of a person—\n\t(A)\tthe name of the person (if known); or\n\t(B)\tif the name of the person is unknown—that fact and a general description of the person; and\n\t(vi)\tthe period for which the warrant will be in force (being a period not longer than 90 days); and\n\t(b)\tmay contain—\n\t(i)\tconditions and limitations; and\n\t(ii)\tany other matter,\nas the issuing officer thinks fit.\n\t(3)\tSubject to any conditions or limitations specified in the surveillance device (tracking) warrant—\n\t(a)\ta warrant authorising the use (in a public place or elsewhere) of a tracking device in respect of the geographical location of a specified person or a person whose specific identity is unknown who, according to the terms of the warrant, is suspected on reasonable grounds of having committed, or being likely to commit, a serious offence will be taken to authorise interference with any vehicle or thing situated in a public place, or in the lawful custody of the relevant investigating agency, as reasonably required to install, use, maintain or retrieve the device for that purpose; and\n\t(b)\ta warrant authorising (whether under the terms of the warrant or by force of paragraph (a)) interference with any vehicle or thing in a public place, or in the lawful custody of the relevant investigating agency, will be taken to authorise the use of reasonable force or subterfuge for that purpose; and\n\t(c)\tthe powers conferred by the warrant may be exercised by the responsible officer or under the authority of the responsible officer at any time and with such assistance as is necessary.\n\t(4)\tIf the chief officer of the investigating agency is satisfied that the grounds on which a surveillance device (tracking) warrant was issued have ceased to exist, the chief officer must, if the warrant is still in force, cancel the warrant by instrument in writing.\n\t(5)\tA surveillance device (tracking) warrant may, at any time, be cancelled by instrument in writing by the chief officer of the investigating agency.\nDivision 2—Surveillance device (general) warrants\n16—Application of Division\nThis Division applies if, for the purposes of the investigation of a matter by an investigating agency, the agency requires the authority to do any or all of the following:\n\t(a)\tto use 1 or more types of surveillance device (including a tracking device);\n\t(b)\tto enter or interfere with any premises for the purposes of installing, using, maintaining or retrieving 1 or more surveillance devices;\n\t(c)\tto interfere with any vehicle or thing for the purposes of installing, using, maintaining or retrieving 1 or more surveillance devices.\n17—Usual application procedure\n\t(1)\tAn officer of an investigating agency may, for the purposes of an investigation by the agency, apply to a judge for a surveillance device (general) warrant authorising 1 or more of the following:\n\t(a)\tthe use of 1 or more surveillance devices (including a tracking device);\n\t(b)\tentry to or interference with any premises as reasonably required for the purposes of installing, using, maintaining or retrieving 1 or more surveillance devices;\n\t(c)\tinterference with any vehicle or thing as reasonably required for the purposes of installing, using, maintaining or retrieving 1 or more surveillance devices.\n\t(2)\tAn officer of an investigating agency may, for the purposes of an investigation by the agency, apply to a judge for the variation or renewal of a surveillance device (general) warrant.\n\t(3)\tSubject to section 18, an application must be made by—\n\t(a)\tproviding a judge with an application in writing; and\n\t(b)\tappearing personally before the judge.\n\t(4)\tA written application—\n\t(a)\tmust specify—\n\t(i)\tthe name of the applicant and the investigating agency to which the applicant belongs; and\n\t(ii)\tthe applicant's rank or position in that agency; and\n\t(iii)\tif the applicant is not to be the officer primarily responsible for executing the warrant—the name of the responsible officer; and\n\t(iv)\twhether the applicant or responsible officer (or both) are to be identified in the warrant under a code name; and\n\t(v)\tthe nature and duration of the warrant sought, including the kind of surveillance device to which the warrant relates; and\n\t(vi)\tthe grounds on which the warrant, or variation or renewal of the warrant, is sought; and\n\t(b)\tmust be accompanied by an affidavit verifying the application.\n\t(5)\tThe judge to whom an application is made may require further information to be given in relation to the application.\n18—Remote application procedure\n\t(1)\tAn officer of an investigating agency may, if the officer believes that it is impracticable in the circumstances to make an application in accordance with section 17, apply for the issue, variation or renewal of a surveillance device (general) warrant by fax, email, telephone or other electronic means.\n\t(2)\tIf an application is made by telephone, the following provisions apply:\n\t(a)\tthe applicant must inform the judge—\n\t(i)\tof—\n\t(A)\tthe name of the applicant and the investigating agency to which the applicant belongs; and\n\t(B)\tthe applicant's rank or position in that agency; and\n\t(C)\tif the applicant is not to be the officer primarily responsible for executing the warrant—the name of the responsible officer; and\n\t(D)\twhether the applicant or responsible officer (or both) are to be identified in the warrant under a code name,\nand the judge, on receiving that information, is entitled to assume its accuracy without further inquiry; and\n\t(ii)\tof the nature and duration of the warrant sought, including the kind of surveillance device to which the warrant relates; and\n\t(iii)\tof the circumstances giving rise to the necessity for the application to be made by telephone; and\n\t(iv)\tof the grounds on which the warrant, or variation or renewal of the warrant, is sought;\n\t(b)\tthe judge may, on being satisfied as to the circumstances giving rise to the necessity for the application being made by telephone and the grounds for the issue of a warrant, and on the applicant giving an undertaking to make an affidavit verifying the application, make out and sign a surveillance device (general) warrant;\n\t(c)\tthe warrant is to be taken to have been issued, and comes into force, when signed by the judge;\n\t(d)\tthe judge must inform the applicant of the terms of the warrant;\n\t(e)\tthe applicant must fill out and sign a warrant form (the duplicate surveillance device (general) warrant) that—\n\t(i)\tsets out the name of the judge who issued the original warrant and the terms of the warrant; and\n\t(ii)\tcomplies with any other requirements prescribed by regulation;\n\t(f)\tthe applicant must, as soon as practicable after the issue of the warrant, forward to the judge an affidavit verifying the application and a copy of the duplicate surveillance device (general) warrant.\n\t(3)\tIf an application is made by any other means under this section, the following provisions apply:\n\t(a)\tthe application must specify—\n\t(i)\tthe name of the applicant and the investigating agency to which the applicant belongs; and\n\t(ii)\tthe applicant's rank or position in that agency; and\n\t(iii)\tif the applicant is not to be the officer primarily responsible for executing the warrant—the name of the responsible officer; and\n\t(iv)\twhether the applicant or responsible officer (or both) are to be identified in the warrant under a code name; and\n\t(v)\tthe nature and duration of the warrant sought, including the kind of surveillance device to which the warrant relates; and\n\t(vi)\tthe circumstances giving rise to the necessity for the application to be made by the particular means; and\n\t(vii)\tthe grounds on which the warrant, or variation or renewal of the warrant, is sought;\n\t(b)\tthe application must be accompanied (through fax, email or other electronic means) by an affidavit made by the applicant verifying the application;\n\t(c)\tthe applicant must be available to speak to the judge by telephone;\n\t(d)\tthe judge is entitled to assume, without further inquiry, that a person who identifies himself or herself as the applicant during a telephone conversation with the judge is indeed the applicant;\n\t(e)\tthe judge may, on being satisfied as to the circumstances giving rise to the necessity for the application being made by fax, email or other electronic means and the grounds for the issue of a warrant, make out and sign a surveillance device (general) warrant;\n\t(f)\tthe warrant is to be taken to have been issued, and comes into force, when signed by the judge;\n\t(g)\tthe judge must forward the warrant to the applicant by fax, email or other electronic means.\n\t(4)\tThe judge to whom an application is made may require further information to be given in relation to the application.\n19—Surveillance device (general) warrant\n\t(1)\tA judge to whom an application is made may issue a surveillance device (general) warrant if satisfied that there are, in the circumstances of the case, reasonable grounds for issuing the warrant, taking into account—\n\t(a)\tthe extent to which the privacy of any person would be likely to be interfered with by use of the kind of device to which the warrant relates; and\n\t(b)\tthe gravity of the criminal conduct to which the investigation relates; and\n\t(c)\tthe significance to the investigation of the information sought to be obtained; and\n\t(d)\tthe likely effectiveness of the use of the surveillance device in obtaining the information sought; and\n\t(e)\tthe availability of alternative means of obtaining the information; and\n\t(f)\tany other warrant under this Act applied for or issued in relation to the same matter; and\n\t(g)\tany other matter the judge considers relevant.\n\t(2)\tA surveillance device (general) warrant—\n\t(a)\tsubject to subsection (3), must specify—\n\t(i)\tthe name of the applicant; and\n\t(ii)\tif the applicant is not to be the officer primarily responsible for executing the warrant—the name of the responsible officer; and\n\t(b)\tmust specify—\n\t(i)\tthe kind of surveillance device to which the warrant relates; and\n\t(ii)\tif the warrant authorises the use of a surveillance device on or in premises or a vehicle—the premises or vehicle; and\n\t(iii)\tif the warrant authorises the use of a surveillance device in or on a thing or a thing of a class—the thing or class of thing; and\n\t(iv)\tif the warrant authorises the use of a surveillance device in respect of the conversations, activities or geographical location of a person—\n\t(A)\tthe name of the person (if known); or\n\t(B)\tif the name of the person is unknown—that fact and a general description of the person; and\n\t(v)\tthe period for which the warrant will be in force (being a period not longer than 90 days); and\n\t(c)\tmay contain—\n\t(i)\tconditions and limitations; and\n\t(ii)\tany other matter as the judge thinks fit.\n\t(3)\tIf the judge is satisfied that the disclosure in the surveillance device (general) warrant of the name of the applicant or the responsible officer may endanger the safety of the applicant, the responsible officer or some other person, the warrant may, instead, specify in respect of either or both of them a unique code approved by the judge (a code name).\n\t(4)\tSubject to any conditions or limitations specified in the surveillance device (general) warrant—\n\t(a)\ta warrant authorising the use of a surveillance device in respect of the conversations, activities or geographical location of a specified person, or a person whose identity is unknown, who, according to the terms of the warrant, is suspected on reasonable grounds of having committed, or being likely to commit, a serious offence will be taken to authorise—\n\t(i)\tentry to or interference with any premises, vehicle or thing as reasonably required to install, use, maintain or retrieve the device for that purpose; and\n\t(ii)\tthe use of the device on or about the body of the person; and\n\t(b)\ta warrant authorising (whether under the terms of the warrant or by force of paragraph (a)(i)) entry to or interference with any premises, vehicle or thing will be taken to authorise—\n\t(i)\tthe use of reasonable force or subterfuge for that purpose; and\n\t(ii)\tany action reasonably required to be taken in respect of a vehicle or thing for the purpose of installing, using, maintaining or retrieving a surveillance device to which the warrant relates; and\n\t(iii)\tthe extraction and use of electricity for that purpose or for the use of the surveillance device to which the warrant relates; and\n\t(c)\ta warrant authorising entry to specified premises will be taken to authorise non‑forcible passage through adjoining or nearby premises (but not through the interior of any building or structure) as reasonably required for the purpose of gaining entry to those specified premises; and\n\t(d)\tthe powers conferred by the warrant may be exercised by the responsible officer or under the authority of the responsible officer at any time and with such assistance as is necessary.\n\t(5)\tIf the chief officer of the investigating agency is satisfied that the grounds on which a surveillance device (general) warrant was issued have ceased to exist, the chief officer must, if the warrant is still in force, cancel the warrant by instrument in writing.\n\t(6)\tA surveillance device (general) warrant may, at any time, be cancelled by instrument in writing by the chief officer of the investigating agency.\nDivision 3—Surveillance device (emergency) authorities\n20—Application procedure\n\t(1)\tAn officer of an investigating agency may apply to the chief officer of the agency for a surveillance device (emergency) authority authorising 1 or more of the following:\n\t(a)\tthe use of 1 or more types of surveillance device;\n\t(b)\tentry to or interference with any premises as reasonably required for the purposes of installing, using, maintaining or retrieving 1 or more surveillance devices;\n\t(c)\tinterference with any vehicle or thing as reasonably required for the purposes of installing, using, maintaining or retrieving 1 or more surveillance devices.\n\t(2)\tAn application for a surveillance device (emergency) authority may be made if the officer suspects on reasonable grounds that—\n\t(a)\tan imminent threat of serious violence to a person or substantial damage to property exists and the officer is of the opinion that—\n\t(i)\tthe use of a surveillance device is immediately necessary for the purpose of dealing with that threat; and\n\t(ii)\tthe circumstances are so serious and the matter is of such urgency that the use of a surveillance device is warranted; and\n\t(iii)\tit is not practicable in the circumstances to apply for a surveillance device (general) warrant; or\n\t(b)\ta serious drug offence or an offence against a law of another jurisdiction that corresponds to a serious drug offence has been, is being, or is likely to be, committed and the officer is of the opinion that—\n\t(i)\tthe use of a surveillance device is immediately necessary for the purpose of an investigation into that offence, or enabling evidence or information to be obtained of the commission of that offence, or identifying or locating the offender; and\n\t(ii)\tthe circumstances are so serious and the matter is of such urgency that the use of a surveillance device is warranted; and\n\t(iii)\tit is not practicable in the circumstances to apply for a surveillance device (general) warrant.\n\t(3)\tAn application for a surveillance device (emergency) authority may be made in person, in writing, or by fax, email, telephone or any other means of communication.\n21—Surveillance device (emergency) authority\n\t(1)\tThe chief officer of an investigating agency to whom an application is made may grant a surveillance device (emergency) authority authorising anything that could be authorised under a surveillance device (general) warrant if satisfied that there are, in the circumstances of the case, reasonable grounds for granting the authority, taking into account—\n\t(a)\tif it is in relation to an imminent threat of serious violence to a person or substantial damage to property—\n\t(i)\tthe nature of the threat of serious violence or substantial damage; and\n\t(ii)\tthe extent to which the issue of a surveillance device (emergency) authority would help reduce or avoid the threat; and\n\t(iii)\tthe extent to which alternative methods of investigation could be used to help reduce or avoid the threat; and\n\t(iv)\thow much the use of alternative methods of investigation could help reduce or avoid the threat; and\n\t(v)\tthe likelihood that the use of alternative methods of investigation would prejudice the safety of the person or property because of delay or for some other reason; and\n\t(vi)\twhether or not it is practicable in the circumstances to apply for a surveillance device (general) warrant; and\n\t(vii)\tany other matter the chief officer considers relevant; or\n\t(b)\tif it is in relation to the commission of a serious drug offence or an offence against a law of another jurisdiction that corresponds to a serious drug offence—\n\t(i)\tthe nature of the serious and urgent circumstances in respect of which the surveillance device (emergency) authority is sought; and\n\t(ii)\tthe extent to which alternative methods of investigation could be used to investigate the offence; and\n\t(iii)\twhether or not it is practicable in the circumstances to apply for a surveillance device (general) warrant; and\n\t(iv)\tany other matter the chief officer considers relevant.\n\t(2)\tA surveillance device (emergency) authority—\n\t(a)\tsubject to subsection (3), must specify—\n\t(i)\tthe name of the applicant; and\n\t(ii)\tif the applicant is not to be the officer primarily responsible for exercising the powers under the authority—the name of the responsible officer; and\n\t(b)\tmust specify—\n\t(i)\tthe kind of surveillance device to which the authority relates; and\n\t(ii)\tif it authorises the use of a surveillance device on or in premises or a vehicle—the premises or vehicle; and\n\t(iii)\tif it authorises the use of a surveillance device in or on a thing or a thing of a class—the thing or class of thing; and\n\t(iv)\tif it authorises the use of a surveillance device in respect of the conversations, activities or geographical location of a person—\n\t(A)\tthe name of the person (if known); or\n\t(B)\tif the name of the person is unknown—that fact and a general description of the person; and\n\t(v)\tthe period for which the authority will be in force (being a period not longer than 7 days); and\n\t(c)\tmay contain—\n\t(i)\tconditions and limitations; and\n\t(ii)\tany other matter,\nas the issuing officer thinks fit.\n\t(3)\tIf the chief officer of the investigating agency is of the opinion that the disclosure in the surveillance device (emergency) authority of the name of the applicant or the responsible officer is likely to endanger the safety of the applicant, the responsible officer or some other person, the authority may, instead, specify in respect of either or both of them a unique code approved by the chief officer (a code name).\n\t(4)\tSubject to subsection (5) and any conditions or limitations specified in the surveillance device (emergency) authority—\n\t(a)\tan authority authorising the use of a surveillance device in respect of the conversations, activities or geographical location of a specified person, or a person whose identity is unknown, who, according to the terms of the authority, is suspected on reasonable grounds of having committed, or being likely to commit, a serious offence, will be taken to authorise—\n\t(i)\tentry to or interference with any premises, vehicle or thing as reasonably required to install, use, maintain or retrieve the device for that purpose; and\n\t(ii)\tthe use of the device on or about the body of the person; and\n\t(b)\tan authority authorising (whether under the terms of the authority or by force of paragraph (a)(i)) entry to or interference with any premises, vehicle or thing will be taken to authorise—\n\t(i)\tthe use of reasonable force or subterfuge for that purpose; and\n\t(ii)\tany action reasonably required to be taken in respect of a vehicle or thing for the purpose of installing, using, maintaining or retrieving a surveillance device to which the warrant relates; and\n\t(iii)\tthe extraction and use of electricity for that purpose or for the use of the surveillance device to which the authority relates; and\n\t(c)\tan authority authorising entry to specified premises will be taken to authorise non‑forcible passage through adjoining or nearby premises (but not through the interior of any building or structure) as reasonably required for the purpose of gaining entry to those specified premises; and\n\t(d)\tthe powers conferred by the authority may be exercised by the responsible officer or under the authority of the responsible officer at any time and with such assistance as is necessary.\n\t(5)\tA surveillance device (emergency) authority may not authorise the installation or use of a surveillance device outside this jurisdiction.\n\t(6)\tIf the chief officer of the investigating agency is satisfied that the grounds on which a surveillance device (emergency) authority was granted have ceased to exist, the chief officer must, if the authority is still in force, cancel the authority by instrument in writing.\n\t(7)\tA surveillance device (emergency) authority may, at any time, be cancelled by instrument in writing by the chief officer of the investigating agency.\n22—Application for confirmation of surveillance device (emergency) authority etc\n\t(1)\tAn officer who has been granted a surveillance device (emergency) authority must, within 2 business days after the authority is granted, if the authority is still in force, apply to a judge for confirmation of—\n\t(a)\tthe authority; and\n\t(b)\tthe exercise of powers under the authority.\n\t(2)\tAn application under subsection (1) must be made by—\n\t(a)\tproviding a judge with an application in writing; and\n\t(b)\tappearing personally before the judge.\n\t(3)\tThe written application—\n\t(a)\tmust specify—\n\t(i)\tthe name of the applicant and the investigating agency to which the applicant belongs; and\n\t(ii)\tthe applicant's rank or position in that agency; and\n\t(iii)\tthe kind of surveillance device to which the surveillance device (emergency) authority relates; and\n\t(iv)\tif a surveillance device (general) warrant in relation to the surveillance device is sought, the following matters:\n\t(A)\tif the applicant is not to be the officer primarily responsible for executing the warrant—the name of the responsible officer;\n\t(B)\twhether the applicant or responsible officer (or both) are to be identified in the warrant under a code name;\n\t(C)\tthe nature and duration of the warrant sought, including the kind of surveillance device to which the warrant relates; and\n\t(v)\tthe grounds on which confirmation and the warrant (if any) is sought; and\n\t(b)\tmust be accompanied by an affidavit verifying the application.\n\t(4)\tThe judge to whom an application is made may require further information to be given in relation to the application.\n23—Confirmation of surveillance device (emergency) authority etc\n\t(1)\tOn hearing an application under section 22, the judge—\n\t(a)\tmust—\n\t(i)\tif satisfied that the granting of the surveillance device (emergency) authority, and the exercise of powers under the authority, was justified in the circumstances—\n\t(A)\tconfirm the authority and the exercise of those powers; and\n\t(B)\tcancel the surveillance device (emergency) authority; and\n\t(ii)\tif a surveillance device (general) warrant is sought and the judge is satisfied that there are reasonable grounds to issue a warrant in the circumstances—issue a surveillance device (general) warrant in accordance with section 19; and\n\t(b)\tmay, if not satisfied that the circumstances justified the granting of the surveillance device (emergency) authority, make 1 or more of the following orders:\n\t(i)\tan order that the use of the surveillance device cease;\n\t(ii)\tan order that, subject to any conditions the judge thinks fit, the device be retrieved;\n\t(iii)\tan order that any information obtained from or relating to the exercise of powers under the authority, or any record of that information, be dealt with in the way specified in the order;\n\t(iv)\tany other order as the judge thinks fit.\n\t(2)\tIf a judge confirms a surveillance device (emergency) authority, and the exercise of powers under the authority, evidence obtained through the exercise of those powers is not inadmissible in any proceedings merely because the evidence was obtained before the authority was confirmed.\nDivision 4—Recognition of corresponding warrants and authorities\n24—Corresponding warrants\n\t(1)\tA corresponding warrant may be executed in this State in accordance with its terms as if it were a surveillance device (tracking) warrant or a surveillance device (general) warrant (as the case may be) issued under this Part.\n\t(2)\tSubsection (1) does not apply at any time after a corresponding warrant has been cancelled.\n25—Corresponding emergency authorities\n\t(1)\tA corresponding surveillance device (emergency) authority authorises the use of a surveillance device in accordance with its terms in this State, as if it were a surveillance device (emergency) authority granted under this Part.\n\t(2)\tSubsection (1) does not apply at any time after a judge orders, under a provision of a corresponding law, that the use of a surveillance device under the corresponding surveillance device (emergency) authority cease.\nDivision 5—Miscellaneous\n26—Management of records relating to surveillance device warrants etc\n\t(1)\tThe chief officer of an investigating agency by whom a surveillance device (tracking) warrant is issued, varied or renewed must cause the application and the warrant (and any copy of the warrant) as issued, varied or renewed to be managed in accordance with the regulations.\n\t(2)\tThe chief officer of an investigating agency by whom a surveillance device (emergency) authority is granted must cause the application and the authority (and any copy of the authority) to be managed in accordance with the regulations.\n\t(3)\tA judge by whom a surveillance device (general) warrant is issued, varied or renewed must cause each of the following to be managed in accordance with the rules of the Supreme Court:\n\t(a)\tthe application;\n\t(b)\tthe warrant (and any duplicate or copy of the warrant) as issued, varied or renewed;\n\t(c)\tany code name specified in the warrant;\n\t(d)\tthe affidavit verifying the application.\n27—Limitations on use of information or material derived under this Part\n\t(1)\tA person must not knowingly communicate or publish information or material derived from the use (whether by that person or another person) of a surveillance device under an authority under this Part except—\n\t(a)\tto a person who was a party to the conversation or activity to which the information or material relates; or\n\t(b)\twith the consent of each party to the conversation or activity to which the information or material relates; or\n\t(c)\tfor the purposes of a relevant investigation; or\n\t(d)\tfor the purposes of a relevant action or proceeding; or\n\t(e)\totherwise in the course of duty or as required by law; or\n\t(f)\tif the information or material has been taken or received in public as evidence in a relevant action or proceeding.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$75 000;\n\t(b)\tin the case of a natural person—$15 000 or imprisonment for 3 years.\n\t(2)\tIn this section, a reference to an authority under this Part is a reference to—\n\t(a)\ta surveillance device warrant; or\n\t(b)\ta surveillance device (emergency) authority; or\n\t(c)\ta corresponding warrant; or\n\t(d)\ta corresponding surveillance device (emergency) authority.\nPart 4—Register, reports and records\n28—Interpretation\nIn this Part, a reference to a person to whom this Part applies is a reference to—\n\t(a)\tin relation to SA Police—\n\t(i)\ta police officer; and\n\t(ii)\tany staff of an administrative unit of the Public Service in respect of whom the Commissioner of Police has an arrangement with the Minister administering that unit to make use of their services; and\n\t(b)\tin relation to the Independent Commission Against Corruption—\n\t(i)\tan employee engaged, or an investigator appointed, by the Commission under the Independent Commission Against Corruption Act 2012; and\n\t(ii)\tany staff of an administrative unit of the Public Service in respect of whom the Commission has an arrangement with the Minister administering that unit to make use of their services; and\n\t(c)\tan employee of the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act.\n29—Register\n\t(1)\tThe chief officer of an investigating agency (other than the ACC) must keep a register of warrants and authorities issued to the agency under this Act.\n\t(2)\tThe register must contain the following information in relation to each surveillance device warrant issued to the investigating agency (other than a warrant issued to an officer of the agency during a period of secondment to a position outside the agency):\n\t(a)\tin the case of a surveillance device (general) warrant—\n\t(i)\tthe date of issue of the warrant and the period for which the warrant is to be in force; and\n\t(ii)\tthe name of the judge who issued the warrant; and\n\t(iii)\tthe name of the applicant for the warrant or, if the warrant specified a code name in respect of the applicant, that code name; and\n\t(iv)\tthe rank of the applicant for the warrant; and\n\t(v)\tthe name or, if the name is unknown, a general description of the person subject to the investigation in relation to which the warrant was issued; and\n\t(vi)\tif the application for the warrant was by telephone under section 18—the date on which the applicant forwarded an affidavit and copy of the duplicate surveillance device (general) warrant to the judge as required under that section; and\n\t(vii)\tif the warrant was issued following confirmation by a judge of a surveillance device (emergency) authority and the exercise of powers under the authority under section 23—that fact; and\n\t(viii)\tif an application for variation of the warrant was made—the date of the application and details of the variation (if any) granted; and\n\t(ix)\tthe date of any renewal of the warrant and the period for which the renewed warrant is to be in force; and\n\t(x)\tthe period for which the warrant was actually in force (including any periods for which it was in force following renewal) and the date on which the warrant ceased to be in force;\n\t(b)\tin the case of a surveillance device (tracking) warrant—\n\t(i)\tthe date of issue of the warrant and the period for which the warrant is to be in force; and\n\t(ii)\tthe name of the applicant for the warrant or, if the warrant specified a code name in respect of the applicant, that code name; and\n\t(iii)\tthe rank of the applicant for the warrant; and\n\t(iv)\tthe name or, if the name is unknown, a general description of the person subject to the investigation in relation to which the warrant was issued; and\n\t(v)\tif an application for variation of the warrant was made—the date of the application and details of the variation (if any) granted; and\n\t(vi)\tthe date of any renewal of the warrant and the period for which the renewed warrant is to be in force; and\n\t(vii)\tthe period for which the warrant was actually in force (including any periods for which it was in force following renewal) and the date on which the warrant ceased to be in force;\n\t(c)\tin any case—\n\t(i)\tthe dates of any arrests made on the basis or partly on the basis of information obtained by use of the surveillance device to which the warrant relates; and\n\t(ii)\tthe dates on which any prosecutions were instituted in which information obtained by use of the surveillance device formed part of the basis of the decision to prosecute; and\n\t(iii)\tthe dates on which any persons were found guilty of offences in consequence of those prosecutions; and\n\t(iv)\tthe dates on which any persons pleaded guilty to the charge of an offence in consequence of those prosecutions; and\n\t(v)\tsuch other matters as may be prescribed by regulation.\n\t(3)\tThe register must contain the following information in relation to each surveillance device (emergency) authority granted to an officer of the investigating agency under this Act in respect of a matter:\n\t(a)\tthe date on which the surveillance device (emergency) authority was granted;\n\t(b)\tthe name of the applicant for the surveillance device (emergency) authority or, if the authority specified a code name in respect of the applicant, that code name;\n\t(c)\tthe rank of the applicant;\n\t(d)\tthe kind of surveillance device to which the surveillance device (emergency) authority related;\n\t(e)\tif an application was made to a judge under section 23—whether the judge did either or both of the following:\n\t(i)\tconfirmed the surveillance device (emergency) authority and the exercise of powers under the authority;\n\t(ii)\tissued a surveillance device (general) warrant in respect of the matter.\n30—Reports and records\n\t(1)\tThe chief officer of an investigation agency (other than the ACC) must, in relation to surveillance device warrants issued to officers of the agency under this Act give to the Minister—\n\t(a)\tas soon as practicable after the issue, variation or cancellation of a warrant, a copy of the warrant, the warrant as varied or the instrument of cancellation (as the case may be); and\n\t(b)\twithin 3 months after a warrant ceases to be in force, a written report of—\n\t(i)\tthe use made of information obtained by use of a surveillance device to which the warrant related; and\n\t(ii)\tthe communication of that information to persons other than officers of the agency; and\n\t(c)\tas soon as practicable (but not later than 2 months) after each 30 June, the following information relating to the year ending on that 30 June:\n\t(i)\tin relation to—\n\t(A)\tapplications for surveillance device (tracking) warrants; and\n\t(B)\tapplications for surveillance device (general) warrants; and\n\t(C)\tapplications for surveillance device (general) warrants by telephone under section 18; and\n\t(D)\tapplications for variation of warrants; and\n\t(E)\trenewal applications for warrants; and\n\t(F)\tapplications for warrants that included authorisation to enter or interfere with any premises, vehicle or thing,\nhow many such applications were made, how many were withdrawn or refused, and how many were successful;\n\t(ii)\tin relation to surveillance device (emergency) authorities—\n\t(A)\thow many applications for surveillance device (emergency) authorities were made, how many were withdrawn or refused, and how many were successful; and\n\t(B)\thow many applications for confirmation of the surveillance device (emergency) authority and the exercise of powers under the authority were made, and how many were successful;\n\t(iii)\tthe average of the respective periods specified in original warrants issued on applications made during that year as the periods for which the warrants were to be in force;\n\t(iv)\tthe average of the respective periods for which those warrants were actually in force;\n\t(v)\tthe average of the respective periods specified in renewal warrants issued on applications made during that year as the periods for which the renewals were to be in force;\n\t(vi)\ta general description of—\n\t(A)\tthe uses made during that year of information obtained by use of surveillance devices to which a warrant related; and\n\t(B)\tthe communication of that information to persons other than officers of the agency;\n\t(vii)\tthe number of arrests made during that year on the basis or partly on the basis of information obtained by use of a surveillance device to which a warrant related;\n\t(viii)\tthe number of prosecutions instituted during that period in which information obtained by such use of a surveillance device formed part of the basis of the decision to prosecute;\n\t(ix)\tthe number of occasions during that period on which information obtained by such use of a surveillance device was given in evidence in the course of a prosecution;\n\t(x)\tthe number of persons found guilty of an offence in consequence of those prosecutions during that period;\n\t(xi)\tthe number of persons who pleaded guilty to the charge of an offence in consequence of those prosecutions during that period; and\n\t(d)\ta report on any other matter specified by the Minister at a time specified by the Minister.\n\t(2)\tThe reports and information required to be given to the Minister under subsection (1) must distinguish between surveillance device (general) warrants authorising the use of listening devices and other surveillance device (general) warrants.\n\t(3)\tSubject to the regulations and any determinations of the Minister, the chief officer of an investigating agency must include in each report to the Minister under subsection (1)(c) the following information:\n\t(a)\tthe number of occasions on which a police officer or a person authorised by an officer of the agency acting in the course of his or her duty used a listening device under section 4(2)(b)(iii) (an approved undercover operation exemption) during the period to which the report relates;\n\t(b)\tthe number of occasions on which, in prescribed circumstances, an officer of the agency—\n\t(i)\tused a listening device otherwise than under an approved undercover operation exemption, surveillance device (general) warrant or surveillance device (emergency) authority; or\n\t(ii)\tused some other surveillance device that was not installed through the exercise of powers under a surveillance device (general) warrant, surveillance device (tracking) warrant or surveillance device (emergency) authority,\nduring the period to which the report relates;\n\t(c)\ta general description of—\n\t(i)\tthe uses made during that period of information obtained by such use of a surveillance device; and\n\t(ii)\tthe communication of that information to persons other than officers of the agency;\n\t(d)\tthe number of arrests made during that period on the basis or partly on the basis of information obtained by such use of a surveillance device;\n\t(e)\tthe number of prosecutions instituted during that period in which information obtained by such use of a surveillance device formed part of the basis of the decision to prosecute;\n\t(f)\tthe number of occasions during that period on which information obtained by such use of a surveillance device was given in evidence in the course of a prosecution;\n\t(g)\tthe number of persons found guilty of an offence in consequence of those prosecutions during that period;\n\t(h)\tthe number of persons who pleaded guilty to the charge of an offence in consequence of those prosecutions during that period;\n\t(i)\tany other information prescribed by regulation or specified by the Minister.\n\t(4)\tThe chief officer of an investigating agency must keep such records as are necessary to enable compliance with this section, including records of the persons (other than police officers) to whom that information has been communicated.\n\t(5)\tThe Minister must cause a report to be prepared on or before 31 October in each year containing—\n\t(a)\tthe information furnished to the Minister under subsection (1)(c) in relation to the year ending on the previous 30 June; and\n\t(b)\tany similar information relating to warrants issued to members of the Board of the ACC or members of the staff of the ACC furnished to the Minister by the ACC in relation to the year ending on the previous 30 June; and\n\t(c)\tfrom reports made to the Minister by the ACC, a general description of—\n\t(i)\tthe uses made during that year of information obtained by use of surveillance devices; and\n\t(ii)\tthe communication of that information to persons other than members of the Board of the ACC or members of the staff of the ACC.\n\t(6)\tThe Minister must, within 12 sitting days of receiving a report prepared under subsection (5), have copies of the report laid before both Houses of Parliament.\n31—Control by investigating agencies of certain records, information and material\nThe chief officer of an investigating agency must, in accordance with the regulations—\n\t(a)\tkeep as records a copy of—\n\t(i)\teach application for a surveillance device warrant under this Act; and\n\t(ii)\teach surveillance device warrant issued under this Act; and\n\t(iii)\teach application for a surveillance device (emergency) authority under this Act; and\n\t(b)\tkeep any information or material derived from the use of a surveillance device under a warrant; and\n\t(c)\tcontrol, manage access to, and destroy, any such records, information and material.\n32—Inspection of records\nA review agency for an investigating agency—\n\t(a)\tmay, at any time, and must, at least once in each period of 6 months, inspect the records of the agency for the purpose of ascertaining the extent of compliance with this Act; and\n\t(b)\tmust, not later than 2 months after completion of each such inspection, report in writing to the Minister on the results of the inspection.\nNote—\nUnder section 55 of the Surveillance Devices Act 2004 of the Commonwealth, the Commonwealth Ombudsman is required to inspect the records of the ACC to determine the extent of the ACC's compliance with this Act. Under section 61 of that Act, the Commonwealth Ombudsman is required to report the results of the inspection to the Commonwealth Minister, lay the report before the Commonwealth Parliament and send a copy of the report to the Minister administering this Act.\n33—Powers of review agency\n\t(1)\tFor the purposes of carrying out an inspection under this Part, the review agency for an investigating agency, or a person authorised for the purpose by the review agency for an investigating agency—\n\t(a)\tmay, after notifying the chief officer of the agency, enter at any reasonable time premises occupied by the agency; and\n\t(b)\tis entitled to have full and free access at all reasonable times to all records of the agency; and\n\t(c)\tis, despite any other law, entitled to make copies of, and to take extracts from, records of the agency; and\n\t(d)\tmay require a person to whom this Part applies to give the review agency or authorised person such information as the review agency considers necessary, being information that is in the person's possession, or to which the person has access, and that is relevant to the inspection.\n\t(2)\tIf the review agency for an investigating agency has reason to believe that a person to whom this Part applies is able to give information relevant to an inspection under this Part, the review agency may, by written notice to the person, require the person to do either or both of the following:\n\t(a)\tgive the information, in writing, signed by the person, at a specified place and within a specified period;\n\t(b)\tattend before a specified person at a specified place and within a specified period or at a specified time on a specified day, in order to answer questions relevant to the inspection.\n\t(3)\tIf the review agency for an investigating agency has reason to believe that a person to whom this Part applies is able to give information relevant to an inspection under this Part but does not know the person's identity, the review agency may, by written notice to the chief officer of the investigating agency, require the chief officer or a person nominated by the chief officer to attend before a specified person at a specified place and within a specified period or at a specified time on a specified day, in order to answer questions relevant to the inspection.\n\t(4)\tDespite any other law, a person is not excused from giving information, answering a question, or giving access to a document, as and when required by or under this section, on the ground that it would contravene a law, would be contrary to the public interest or might tend to incriminate the person or make the person liable to a penalty.\n\t(5)\tThe following are not admissible in evidence against a person except in prosecution proceedings for an offence against this Act or for perjury, or in police disciplinary proceedings:\n\t(a)\tinformation or an answer given by the person under this section;\n\t(b)\tthe fact that the person has given access to a document under this section;\n\t(c)\tany information or thing (including a document) obtained in consequence of the person having given information or an answer, or access to a document, under this section.\n\t(6)\tThe chief officer of an investigating agency must ensure that a person to whom this Part applies provides the review agency for the investigating agency with such assistance in relation to an inspection under this Part as the review agency reasonably requires.\n\t(7)\tA person who is required under this section—\n\t(a)\tto attend before a person; or\n\t(b)\tto provide information; or\n\t(c)\tto answer a question,\nand who, without reasonable excuse, refuses or fails to comply with that requirement is guilty of an offence.\nMaximum penalty: $15 000 or imprisonment for 3 years.\n\t(8)\tA person who—\n\t(a)\twithout reasonable excuse, hinders a person exercising powers under this section; or\n\t(b)\tgives to a person exercising powers under this section information knowing it to be false or misleading in a material particular,\nis guilty of an offence.\nMaximum penalty: $15 000 or imprisonment for 3 years.\nPart 5—Miscellaneous\n34—Offence to wrongfully disclose information\nA person must not knowingly communicate or publish information or material about a surveillance device warrant or a surveillance device (emergency) authority except—\n\t(a)\tas required to do so under this Act; or\n\t(b)\tfor the purposes of a relevant investigation; or\n\t(c)\tfor the purposes of a relevant action or proceeding; or\n\t(d)\tin the course of proceedings for an offence against this Act; or\n\t(e)\totherwise in the course of duty or as required by law.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$50 000;\n\t(b)\tin the case of a natural person—$10 000 or imprisonment for 2 years.\n35—Delegation\n\t(1)\tDespite any other Act or law to the contrary, the functions of a chief officer of an investigating agency under this Act may not be delegated to any other person except as provided by this section.\n\t(2)\tA chief officer of an investigating agency may delegate to a senior officer of the agency any of the chief officer's functions under this Act.\n\t(3)\tIn this section—\nsenior officer means—\n\t(a)\tin relation to SA Police—a police officer of or above the rank of Superintendent;\n\t(b)\tin relation to the Independent Commission Against Corruption—an officer or an employee of the Commission of a prescribed class;\n\t(c)\tin relation to the ACC—\n\t(i)\tthe Director National Operations; or\n\t(ii)\ta Director; or\n\t(iii)\tthe General Manager National Operations; or\n\t(iv)\ta member of staff of the ACC who is an SES employee or acting SES employee (within the meaning of the Australian Crime Commission Act 2002 of the Commonwealth) and who holds a position that is prescribed by the regulations for the purposes of this definition.\n36—Possession etc of declared surveillance device\n\t(1)\tThe Minister may, by notice in the Gazette, declare that this section applies to a surveillance device or a surveillance device of a class or kind specified in the notice.\n\t(2)\tThe Minister may, by further notice in the Gazette, revoke or amend a declaration under subsection (1).\n\t(3)\tA person must not, without the consent of the Minister, have in his or her possession, custody or control any declared surveillance device.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$50 000;\n\t(b)\tin the case of a natural person—$10 000 or imprisonment for 2 years.\n\t(4)\tThe consent of the Minister under this section—\n\t(a)\tmust be given by notice in the Gazette; and\n\t(b)\tmay be expressed to relate to the possession, custody or control of a surveillance device or to any surveillance device of a class or kind; and\n\t(c)\tmay be expressed to apply to persons of a specified class; and\n\t(d)\tmay be expressed to be subject to such conditions, limitations or restrictions as the Minister considers necessary or expedient; and\n\t(e)\tmay be revoked at any time by the Minister by further notice in the Gazette (and, on revocation, the consent ceases to have effect).\n\t(5)\tFor the purposes of this section, having the possession, custody or control of a surveillance device in contravention of a condition, limitation or restriction imposed by the Minister will be taken to be having the possession, custody or control of that device without the consent of the Minister.\n\t(6)\tThe Minister may delegate any of his or her powers under this section to the chief executive of an administrative unit of the Public Service.\n\t(7)\tA delegation under this section—\n\t(a)\tmust be in writing; and\n\t(b)\tmay be conditional or unconditional; and\n\t(c)\tis revocable at will; and\n\t(d)\tdoes not prevent the delegator from acting in any manner.\n37—Power to seize surveillance devices etc\n\t(1)\tIf an officer of an investigating agency suspects on reasonable grounds that—\n\t(a)\ta person has possession, custody or control of a declared surveillance device without the consent of the Minister; or\n\t(b)\tany other offence against this Act has been, is being or is about to be committed with respect to a surveillance device or information derived from the use of a surveillance device,\nthe officer may seize the device or a record of the information.\n\t(2)\tAn officer referred to in subsection (1) may—\n\t(a)\tbreak into, enter and search any premises in which the officer suspects on reasonable grounds there is a device or record liable to seizure under this section; and\n\t(b)\tstop, detain and search, or detain and search, any vehicle that the officer suspects on reasonable grounds contains a device or record liable to seizure under this section; and\n\t(c)\tdetain and search any person who the officer suspects on reasonable grounds has possession of a device or record liable to seizure under this section.\n\t(3)\tIf a device or record has been seized under this section, the device or record must, subject to any order of a court, be returned to its owner—\n\t(a)\tif no proceedings are instituted for an offence against this Act involving the device or record of information—at the expiration of 2 months from the date of seizure; or\n\t(b)\tif such proceedings are instituted—when those proceedings are finally determined.\n38—Imputing conduct to bodies corporate\n\t(1)\tFor the purposes of this Act, any conduct engaged in on behalf of a body corporate by an employee, agent or officer of the body corporate acting within the actual or apparent scope of his or her employment, or within his or her actual or apparent authority, is conduct also engaged in by the body corporate.\n\t(2)\tIf an offence under this Act requires proof of knowledge, intention or recklessness, it is sufficient in proceedings against a body corporate for that offence to prove that the person referred to in subsection (1) had the relevant knowledge, intention or recklessness.\n\t(3)\tIf, for an offence against this Act, mistake of fact is relevant to determining liability, it is sufficient in proceedings against a body corporate for that offence if the person referred to in subsection (1) made that mistake of fact. \n39—Evidence\n\t(1)\tIn any proceedings for an offence, an apparently genuine document purporting to be signed by the chief officer of an investigating agency certifying that specified action was taken in connection with executing a specified warrant issued under this Act will, in the absence of evidence to the contrary, be accepted as proof of the matters so certified.\n\t(2)\tIn any proceedings for an offence, an apparently genuine document purporting to be signed by the chief officer of an investigating agency certifying that specified action was taken in connection with the exercise of powers under a surveillance device (emergency) authority granted under this Act will, in the absence of evidence to the contrary, be accepted as proof of the matters so certified.\n40—Forfeiture of surveillance devices\n\t(1)\tIf a person is convicted of an offence against this Act, the court before which that person was so convicted may in addition to imposing any other penalty order that a surveillance device or record of any information or material in connection with which the offence was committed is forfeited to the Crown.\n\t(2)\tA surveillance device or record of information or material forfeited to the Crown pursuant to an order under subsection (1) may be retained, destroyed or otherwise disposed of in a manner directed by the Minister.\n41—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or as are necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the effect of subsection (1), the regulations may—\n\t(a)\tmake provision relating to warrants, their form and proceedings in connection with warrants; and\n\t(b)\tmake provision relating to the control and management of information or material derived from the use of surveillance devices, including access to and the destruction of such information or material; and\n\t(c)\tfix fines, not exceeding $5 000, for offences against the regulations.\nSchedule 1—Repeal and transitional provisions\nPart 4—Repeal and transitional provisions\n4—Repeal and transitional provisions\n\t(1)\tThe Listening and Surveillance Devices Act 1972 is repealed (the repealed Act).\n\t(2)\tA warrant issued under the repealed Act in force immediately before the commencement of this Part will continue in force in accordance with its terms for the period for which it was issued under the repealed Act until it expires or is cancelled (whichever occurs earlier).\n\t(3)\tDespite any other provision of this Act, if, immediately before the commencement of this Part, an investigating agency is lawfully using a tracking device to determine the geographical location of a person, vehicle or thing in relation to the investigation of a matter by the agency, section 7 will be taken not to apply in relation to the use of the device for a period of 6 months after the commencement of this Part.\n\t(4)\tAny evidence obtained directly or indirectly as a result of the use of a tracking device in circumstances referred to in subclause (3) is not inadmissible in any proceedings merely because the evidence was obtained before the commencement of this Part.\n\t(5)\tAny evidence obtained directly or indirectly as a result of the use of a listening or surveillance device in accordance with the repealed Act is not inadmissible in any proceedings merely because the evidence was obtained before the commencement of this Part.\n\t(6)\tA notice under section 8 of the repealed Act in force immediately before the commencement of this Part will be taken to be a notice under section 36 of this Act and will have effect according to its terms.\n\t(7)\tThe consent of the Minister given under section 8 of the repealed Act in force immediately before the commencement of this Part will be taken to be consent of the Minister given under section 36 of this Act and will have effect according to its terms.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Surveillance Devices Act 2016 amended the following:\nCriminal Investigation (Covert Operations) Act 2009\nDirector of Public Prosecutions Act 1991\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2016\n2\nSurveillance Devices Act 2016 \n18.2.2016\n18.12.2017 (Gazette 12.12.2017 p4961)\n2017\n41\nStatutes Amendment (Attorney-General's Portfolio) (No 2) Act 2017\n24.10.2017\nPt 9 (s 16)—24.10.2017\n2018\n29\nStatutes Amendment (Attorney-General's Portfolio) Act 2018\n15.11.2018\nPt 5 (ss 10 & 11)—15.11.2018: s 2(1)\n2019\n21\nStatutes Amendment (Attorney-General's Portfolio) (No 2) Act 2019\n19.9.2019\nPt 17 (s 25)—7.11.2019 (Gazette 31.10.2019 p3618)\n2021\n38\nIndependent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021 \n7.10.2021\nSch 1 (cll 56 to 59 & 76)—7.10.2021: s 2\n2023\n27\nStatutes Amendment (Attorney-General's Portfolio) (No 4) Act 2023\n21.9.2023\nPt 2 (s 3) & Sch 1 (cl 1(1))—21.9.2023: s 2\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n15.11.2018\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n15.11.2018\ns 3\n\n\ns 3(1)\n\n\nchief officer\namended by 38/2021 Sch 1 cl 56(1)\n7.10.2021\nIndependent Commission Against Corruption\ninserted by 38/2021 Sch 1 cl 56(2)\n7.10.2021\nIndependent Commissioner Against Corruption\ninserted by 38/2021 Sch 1 cl 56(2)\n7.10.2021\ninvestigating agency\namended by 38/2021 Sch 1 cl 56(3)\n7.10.2021\nofficer of an investigating agency\namended by 38/2021 Sch 1 cl 56(4)\n7.10.2021\nreview agency\namended by 41/2017 s 16\n24.10.2017\n\namended by 29/2018 s 10\n15.11.2018\n\namended by 38/2021 Sch 1 cl 56(5)\n7.10.2021\n\namended by 27/2023 s 3\n21.9.2023\nPt 2\n\n\ns 12\n\n\ns 12(1a)\ninserted by 21/2019 s 25\n7.11.2019\nPt 4\n\n\ns 28\namended by 38/2021 Sch 1 cl 57(1), (2)\n7.10.2021\ns 31\namended by 29/2018 s 11\n15.11.2018\nPt 5\n\n\ncl 35\n\n\ncl 35(3)\namended by 38/2021 Sch 1 cl 58\n7.10.2021\nSch 1\n\n\nPts 1—3\nomitted under Legislation Revision and Publication Act 2002\n15.11.2018\nTransitional etc provisions associated with Act or amendments\nIndependent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021, Sch 1 Pts 18 & 21—Savings and transitional provisions\n59—Transitional provisions—Surveillance Devices Act 2016\n\t(1)\tA warrant in force under the Surveillance Devices Act 2016 immediately before the commencement of this Part that was issued for the purposes of the investigation of a matter by the Independent Commissioner Against Corruption will continue in force.\n\t(2)\tAny evidence obtained, before the commencement of this Part, directly or indirectly as a result of a warrant issued under the Surveillance Devices Act 2016 for the purposes of the investigation of a matter by the Independent Commissioner Against Corruption is not inadmissible in any proceedings merely because the evidence was obtained before the commencement of this Act.\n76—Savings and transitional regulations\nRegulations may be made under any Act amended by this Act (including under the Independent Commission Against Corruption Act 2012 as in force after the commencement of this Act) to make provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act.\nStatutes Amendment (Attorney-General's Portfolio) (No 4) Act 2023, Sch 1—Transitional provision\n1—Reviews\n\t(1)\tDespite section 32 of the Surveillance Devices Act 2016, any review required to be conducted under that section after 31 August 2022 that has not been completed before the commencement of this clause is instead required to be conducted as part of the next review that occurs under section 32 after the commencement of this clause.\nHistorical versions\n18.12.2017\n\n15.11.2018\n\n7.11.2019\n\n7.10.2021\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as stated in the long title: regulating surveillance devices, providing cross-border warrant recognition, and repealing the 1972 Act. While the 2016 Act significantly expanded the scope from the 1972 Act (adding data surveillance devices, tracking devices, and comprehensive warrant schemes), this represents a deliberate modernization rather than scope creep. The amendments shown in the legislative history are minor technical updates and integration with the Independent Commission Against Corruption reforms, not fundamental expansions beyond the Act's original purpose."},"complexity_factors":["Multiple overlapping offence provisions with numerous exceptions and exemptions (sections 4-8 each contain 6-8 exemption categories)","Three distinct warrant/authority schemes with different issuing authorities, application procedures, and validity periods (tracking warrants by chief officer, general warrants by judge, emergency authorities with judicial confirmation)","Remote application procedures for general warrants including telephone and electronic applications with specific verification requirements (section 18)","Extensive defined terms section with 30+ definitions, many of which are themselves nested definitions (e.g., 'surveillance device' encompasses four sub-types each with their own definitions)","Complex cross-referencing between Parts — Part 2 offences interact with Part 3 warrants and Part 4 reporting requirements","Dual penalty structures distinguishing between body corporates ($50,000-$75,000) and natural persons ($10,000-$15,000 and/or imprisonment)","Specific evidentiary and procedural rules for emergency authorities including the 2-business-day confirmation requirement and retrospective validation (section 23)","Detailed record-keeping and reporting obligations including annual parliamentary reports with 20+ specific data points (section 30)","Transitional provisions preserving warrants and evidence from the repealed 1972 Act","Interaction with multiple other statutes including Commonwealth telecommunications interception laws, state corruption laws, and serious organised crime legislation"],"plain_english_summary":"**What this law does:**\n\nThis is South Australia's main law controlling **surveillance devices** — things like listening devices (bugs), cameras, GPS trackers, and computer monitoring software. It sets out when ordinary people, private investigators, and police can legally use these devices, and when they can't.\n\n**Key rules for everyone:**\n\n*   **Listening devices:** You generally can't record private conversations you're not part of, or record conversations you *are* part of without consent or a good reason (like protecting your lawful interests). There are exceptions for police, undercover operations, and licensed private investigators working for someone's legal interests.\n*   **Cameras (optical surveillance):** You can't secretly film people doing private activities without their consent. Again, there are exceptions for police, private investigators, and protecting your own lawful interests.\n*   **Tracking devices:** You can't put a GPS tracker on someone or their vehicle/thing without consent, unless authorised by law.\n*   **Computer monitoring (data surveillance):** You can't install software to spy on someone's computer use without consent, unless authorised.\n\n**Special powers for law enforcement:**\n\nPolice and other investigating agencies (like the Independent Commission Against Corruption and Australian Crime Commission) can apply for **warrants** to use surveillance devices when investigating serious crimes. There are three types:\n\n*   **Tracking warrants** — issued by the agency's chief officer (e.g., Police Commissioner), valid up to 90 days\n*   **General warrants** — issued by a Supreme Court judge, allowing more intrusive surveillance like bugs and cameras, valid up to 90 days\n*   **Emergency authorities** — granted by the chief officer in urgent situations (imminent violence or serious drug offences), valid up to 7 days, but must be confirmed by a judge within 2 business days\n\n**Cross-border cooperation:**\n\nThe Act recognises surveillance warrants issued in other Australian states and territories, allowing them to be executed in South Australia.\n\n**Why it matters:**\n\nThis law balances **privacy protection** with **law enforcement needs**. It makes secret surveillance a serious criminal offence for ordinary people (up to 3 years jail), while creating a strict, supervised framework for police to use these tools when investigating serious crimes. It also ensures oversight through record-keeping, reporting to Parliament, and inspections by independent review agencies."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible as the legislative text was not available for analysis. The page returned was a website error page, not the Surveillance Devices Act 2016 itself."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 error","Complexity cannot be meaningfully assessed without access to the actual Act","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe legislation text for the **South Australian Surveillance Devices Act 2016** could not be retrieved. The link provided returned a **404 Page Not Found** error from the SA legislation website, likely due to a website migration that occurred around **24 March 2026**.\n\n### What we know from the title alone:\n- This is a **South Australian** law (not federal)\n- It relates to **surveillance devices** — equipment used to monitor, record, or track people (e.g. listening devices, cameras, tracking devices)\n- Laws of this type typically govern **who can use surveillance equipment**, **under what circumstances**, and **what happens if someone uses it illegally**\n- They commonly affect **police, employers, private investigators, and ordinary members of the public**\n\n### What you should do:\n- Visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and search for \"Surveillance Devices Act 2016\"\n- Update any saved bookmarks if created before 24 March 2026\n- Contact OPCWeb@sa.gov.au to report the broken link\n\n**No legal analysis can be reliably provided without access to the actual legislative text.**"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Compared with the earlier Listening and Surveillance Devices Act 1972 (repealed by Schedule 1(1)), this Act broadens and modernises scope by explicitly covering data surveillance devices (definition in s 3), formalising cross‑border recognition of corresponding warrants and emergency authorities (ss 24–25), and by creating an emergency authority regime with required judicial confirmation within 2 business days (ss 20–23). It also sets out expanded reporting, registers and inspection powers for review agencies and the Minister (ss 29–33, 30(5)–(6)). Transitional clauses preserve existing warrants briefly (Schedule 1(2)–(5)), but the statutory architecture clearly shifts scope to include computer/data access, interstate recognition, and tighter administrative oversight."},"complexity_factors":["Multiple device categories and precise statutory definitions (s 3) that determine coverage and exclusions (listening, optical, tracking, data).","Several authorisation pathways with different decision‑makers, standards and time limits: chief‑officer tracking warrants (ss 13–15), judge‑issued general warrants with ordinary and remote procedures (ss 16–19), and short emergency authorities with post‑hoc judicial confirmation (ss 20–23).","Detailed exemptions and public‑interest exceptions that interact with consent and lawful‑interest rules (ss 4(2), 5(4), 6, 7(2), 8(2)).","Cross‑jurisdiction recognition of corresponding warrants and emergency authorities, requiring alignment with other laws and cancellation rules (ss 24–25).","Extensive record‑keeping, register entries, reporting and inspection obligations imposing administrative overhead and compliance checks (ss 26, 29–33).","Criminal offences and varied penalty levels across provisions, including corporate and individual penalties and potential imprisonment (see ss 4–8, 9, 12, 27, 34).","Operational provisions authorising entry, interference, reasonable force, electricity extraction and use on persons (ss 15(3), 19(4), 21(4)) that raise human‑rights and operational oversight considerations.","Use of remote application procedures and code names that trade immediacy and operational security against verification and evidentiary safeguards (s 18; ss 19(3), 21(3)).","Ministerial powers to declare controlled devices and to delegate consent, creating a regulatory control point over possession and market access (s 36)."],"plain_english_summary":"What this law does (mechanics)\n\n- Sets criminal rules for using surveillance devices: listening devices, optical (visual) devices, tracking devices and data surveillance programs. It makes it an offence to install, use or maintain those devices to record or observe private conversations, private activities, locations or computer information without consent (see sections 3 (definitions) and 4–8). Penalties for individuals and corporations are specified in each provision (for example, s 4(1)).\n\n- Creates authorisation pathways for lawful use: (a) chief‑officer‑issued tracking warrants (Part 3 Div 1, ss 13–15); (b) judge‑issued general surveillance warrants with ordinary and remote application procedures (Part 3 Div 2, ss 16–19); and (c) short‑term emergency authorities issued by a chief officer with mandatory prompt application to a judge for confirmation (Part 3 Div 3, ss 20–23). Warrants and authorities may authorise entry, interference, reasonable force, use of electricity, and attaching devices to bodies or things where necessary (see ss 15(3), 19(4), 21(4)).\n\n- Recognises equivalent authorisations from other participating jurisdictions so they can be executed in South Australia as if issued under this Act (Part 3 Div 4, ss 24–25).\n\n- Limits how information or material obtained by surveillance may be used or published. Use is allowed to the parties, with consent, to investigating agencies for investigations or proceedings, in violence‑risk situations, to media organisations in limited circumstances, or where a judge orders it (Part 2 Div 2, ss 9–12; Part 3 s 27). There are separate criminal offences for wrongful disclosure (s 34) and for improper communication or publication derived from surveillance (s 12).\n\n- Requires record keeping, a register of warrants and authorities, regular reporting to the Minister and inspection by independent review agencies (Part 4, ss 28–33). The Minister must table an annual report (s 30(5)–(6)).\n\n- Gives the Minister power to declare particular devices subject to control (s 36), and empowers investigating agencies to seize declared devices or records where offences are suspected (s 37). The Act also contains delegation limits, evidentiary presumptions, forfeiture powers and regulation‑making powers (ss 35, 39, 40, 41).\n\nOfficial purpose claims (as stated in the law)\n\n- The long title and schedule show the Act is intended to make provision about the use of surveillance devices, to provide for cross‑border recognition of warrants and to repeal the earlier Listening and Surveillance Devices Act 1972 (see Long title and Schedule 1(1)).\n\nHow that purpose is implemented and what it costs, incentives created, and practical trade‑offs\n\n- Who pays: private individuals and businesses face criminal penalties if they use surveillance devices unlawfully (ss 4–8, penalties listed there). Investigating agencies bear administrative costs for preparing applications, maintaining registers and producing reports to the Minister (ss 14, 17, 26, 29–30). The Minister, judges and review agencies incur governance and oversight costs (ss 30, 32–33). There is also potential litigation cost when authorisations, cancellations or disclosures are contested (see ss 21(1)(b), 23(1)(b)).\n\n- Who decides and the locus of discretion: chief officers of investigating agencies can issue tracking warrants and emergency authorities and can cancel them (ss 14–15, 20–21). Judges decide general warrants and confirmations of emergency authorities (ss 17–19, 22–23). Those powers require judges or chief officers to be satisfied there are reasonable grounds, but the Act lists multiple factors they may consider (e.g. ss 15(1), 19(1), 21(1)). That creates administrative discretion concentrated in agency heads and judges.\n\n- Compliance burden and administrative processes: applications must include specific particulars and sometimes affidavits (ss 14(5), 17(4)–(4)(b)). Remote procedures (telephone, fax, email) are permitted with safeguards (s 18), and emergency authorities allow immediate action but require a judge’s confirmation within 2 business days (ss 20–23). Agencies must keep registers, prepare statistics and annual reports, and allow periodic inspections by review agencies (ss 29–33), which imposes record‑keeping and reporting work.\n\n- Incentives and substitution effects: the emergency authority mechanism permits rapid surveillance in urgent cases (ss 20–21) but the post‑hoc confirmation requirement (s 22) creates an incentive to rely on emergency authorities when a prior judge‑issued warrant might be preferable — the Act mitigates that by making confirmation and judicial issuance necessary soon after. The Act allows certain lawful‑interest and consent exceptions (s 4(2), s 5(4), s 7(2), s 8(2)), which preserve routine private or business surveillance in defined contexts but create risk of overuse unless agencies and private operators carefully document grounds. The public‑interest exception for listening and optical devices (s 6) and a media exception to publication limits (s 10(2)) allow disclosures in defined public‑interest scenarios but require either a judge’s order (s 11) or meet statutory criteria.\n\n- Risks and trade‑offs: permitting remote applications (s 18) and chief‑officer emergency authorisations (ss 20–21) reduces delay in urgent or operationally sensitive situations, but relies on later judicial scrutiny (s 23) and internal checks (chief officers must manage records, s 26). Cross‑jurisdiction recognition (ss 24–25) eases multi‑state operations but transfers reliance on the correctness of corresponding laws and their cancellation procedures.\n\n- Effects on private choice and markets: the Act constrains how private security firms, investigators and businesses use surveillance and how they may publish the results (ss 4–5, 9(2)–(3)). The Minister’s power to declare and control possession of certain devices (s 36) can restrict market access to some technologies unless consent is published in the Gazette (s 36(1)–(4)). Licensed investigation agents and loss adjusters have specific permitted uses but also publication limits (s 9(2)–(3)).\n\nImplementation risks and oversight\n\n- The Act builds multiple oversight layers: judge approval for most warrants (ss 17–19), statutory registers and ministerial reporting (ss 29–30), and inspections by review agencies (ss 32–33). Evidence‑presumption and evidentiary safeties (s 39) speed prosecutions but also make accurate record management important (s 26). Remote application procedures (s 18) and the ability to use code names (ss 19(3), 21(3)) respond to operational constraints but increase dependence on afterward verification and internal controls.\n\nKey cross‑references for readers who want the sources in the Act: definitions and device categories (s 3); prohibitions and exemptions for listening and optical devices (ss 4–6); tracking and data device rules (ss 7–8); warrant and emergency authority regimes (Part 3, Divs 1–3, ss 13–23); cross‑border recognition (ss 24–25); restrictions on communication/publication (ss 9–12, 27); registers, reports and oversight (Part 4, ss 28–33); ministerial controls over declared devices (s 36); seizure and forfeiture (ss 37, 40); and repeal and transitional provisions for the 1972 Act (Schedule 1)."}},"importantCases":[],"_links":{"self":"/api/acts/surveillance-devices-act-2016","history":"/api/acts/surveillance-devices-act-2016/history","analysis":"/api/acts/surveillance-devices-act-2016/analysis","conflicts":"/api/acts/surveillance-devices-act-2016/conflicts","importantCases":"/api/acts/surveillance-devices-act-2016/important-cases","documents":"/api/acts/surveillance-devices-act-2016/documents"}}