QLDIn ForceAct
Crime and Corruption Act 2001
sec.130Disclosure of information obtained using surveillance warrant
Start here
Get a plain-English read of sec.130
Turn the raw legal text into a practical explanation grounded in Crime and Corruption Act 2001.
### sec.130 Disclosure of information obtained using surveillance warrant
This section applies to information that has not been disclosed in a proceeding in open court and was obtained by using a surveillance warrant (the relevant information ).
A commission officer who obtained relevant information must not disclose the information to someone other than—
the judge who issued the warrant; or
a judge hearing an application for—
an extension of the warrant; or
a warrant in relation to the same or a different person; or
a court taking evidence about a charge of an offence in which the relevant information is evidence; or
QCAT hearing a matter, in the exercise of its jurisdiction under this Act, in which the relevant information is evidence; or
the chairperson or a person authorised by the chairperson; or
a commission officer, police officer or other law enforcement officer involved in—
the investigation into the corruption for which the powers were exercised; or
an investigation of any indictable offence started because of information obtained under the warrant or linked to the offence under investigation; or
a proceeding in which the information is evidence; or
a declared agency; or
a public prosecutor, but only for—
use in a proceeding in which the information is evidence; or
an application for an extension of the warrant; or
the issue of another surveillance warrant; or
a public official, but only for taking disciplinary action; or
a lawyer representing a person in a proceeding in which the information is evidence; or
a monitor; or
a person transcribing or making copies of recordings.
Maximum penalty—85 penalty units or 1 year’s imprisonment.
In this section—
commission officer includes a former commission officer.
s 130 prev s 130 om 2005 No. 45 s 67 sch 3
pres s 130 (prev s 145) amd 2002 No. 68 s 283 sch 3 ; 2005 No. 45 s 67 sch 3
renum 2005 No. 45 s 67 sch 3
amd 2009 No. 48 s 138 ; 2014 No. 21 s 23 , s 94 (1) sch 1 ; 2016 No. 19 s 45 (1)
(sec.130-ssec.1) This section applies to information that has not been disclosed in a proceeding in open court and was obtained by using a surveillance warrant (the relevant information ).
(sec.130-ssec.2) A commission officer who obtained relevant information must not disclose the information to someone other than— the judge who issued the warrant; or a judge hearing an application for— an extension of the warrant; or a warrant in relation to the same or a different person; or a court taking evidence about a charge of an offence in which the relevant information is evidence; or QCAT hearing a matter, in the exercise of its jurisdiction under this Act, in which the relevant information is evidence; or the chairperson or a person authorised by the chairperson; or a commission officer, police officer or other law enforcement officer involved in— the investigation into the corruption for which the powers were exercised; or an investigation of any indictable offence started because of information obtained under the warrant or linked to the offence under investigation; or a proceeding in which the information is evidence; or a declared agency; or a public prosecutor, but only for— use in a proceeding in which the information is evidence; or an application for an extension of the warrant; or the issue of another surveillance warrant; or a public official, but only for taking disciplinary action; or a lawyer representing a person in a proceeding in which the information is evidence; or a monitor; or a person transcribing or making copies of recordings. Maximum penalty—85 penalty units or 1 year’s imprisonment.
(sec.130-ssec.3) In this section— commission officer includes a former commission officer.
- (a) the judge who issued the warrant; or
- (b) a judge hearing an application for— (i) an extension of the warrant; or (ii) a warrant in relation to the same or a different person; or
- (i) an extension of the warrant; or
- (ii) a warrant in relation to the same or a different person; or
- (c) a court taking evidence about a charge of an offence in which the relevant information is evidence; or
- (d) QCAT hearing a matter, in the exercise of its jurisdiction under this Act, in which the relevant information is evidence; or
- (e) the chairperson or a person authorised by the chairperson; or
- (f) a commission officer, police officer or other law enforcement officer involved in— (i) the investigation into the corruption for which the powers were exercised; or (ii) an investigation of any indictable offence started because of information obtained under the warrant or linked to the offence under investigation; or (iii) a proceeding in which the information is evidence; or
- (i) the investigation into the corruption for which the powers were exercised; or
- (ii) an investigation of any indictable offence started because of information obtained under the warrant or linked to the offence under investigation; or
- (iii) a proceeding in which the information is evidence; or
- (g) a declared agency; or
- (h) a public prosecutor, but only for— (i) use in a proceeding in which the information is evidence; or (ii) an application for an extension of the warrant; or (iii) the issue of another surveillance warrant; or
- (i) use in a proceeding in which the information is evidence; or
- (ii) an application for an extension of the warrant; or
- (iii) the issue of another surveillance warrant; or
- (i) a public official, but only for taking disciplinary action; or
- (j) a lawyer representing a person in a proceeding in which the information is evidence; or
- (k) a monitor; or
- (l) a person transcribing or making copies of recordings.
- (i) an extension of the warrant; or
- (ii) a warrant in relation to the same or a different person; or
- (i) the investigation into the corruption for which the powers were exercised; or
- (ii) an investigation of any indictable offence started because of information obtained under the warrant or linked to the offence under investigation; or
- (iii) a proceeding in which the information is evidence; or
- (i) use in a proceeding in which the information is evidence; or
- (ii) an application for an extension of the warrant; or
- (iii) the issue of another surveillance warrant; or