20Requirement to inform subject of surveillance

20 Requirement to inform subject of surveillance

(1)  Where, pursuant to a warrant granted under this Part, a listening device has been used to record or listen to the private conversation of a person, the Chief Magistrate may direct the person authorized to use the device to supply to a person whose private conversation has been recorded or listened to, within a period specified by the Chief Magistrate, such information regarding the warrant and the use of the device as the Chief Magistrate may specify.

(2)  The Chief Magistrate shall not give a direction under subsection (1) unless satisfied that, having regard to the evidence or information obtained by the use of the listening device and to any other relevant matter, the use of the listening device was not justified and was an unnecessary interference with the privacy of the person concerned.

(3)  Before giving a direction under subsection (1) , the Chief Magistrate shall give the person to whom the warrant was granted an opportunity to be heard in relation to the matter.

(4)  A person to whom a direction is given under subsection (1) shall comply with the direction.

Penalty:  Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 12 months, or both.