6Power of Chief Magistrate to require subject to be informed of surveillance

6 Power of Chief Magistrate to require subject to be informed of surveillance

(1)  Where the Chief Magistrate, on receipt of a report referred to in section 5 (4) , orders that the use of a listening device cease and a warrant under Part 4 in respect of the use of the listening device has not been granted, the Chief Magistrate may direct the person who used the listening 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 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 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 who used the listening device 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.