sch.11-sec.20Security of monitoring premises and facilities

sch.11-sec.20 Security of monitoring premises and facilities

This section sets out the responsibilities of a senior officer to whom a surveillance device warrant is issued under section 330 of the Act . The senior officer must ensure the premises (the monitoring premises ) containing monitoring equipment being used under the warrant is— capable of being locked; and has suitable facilities for securely storing recordings made under the warrant; and is used in a way that prevents anyone outside the monitoring premises from hearing or seeing anything being listened to or monitored. The senior officer must take reasonable steps to ensure— when the monitoring premises are unattended— the premises are locked; and any recordings made under the warrant are securely stored at the premises or another secure place; and only the following persons enter the monitoring premises— police officers helping, or involved in, the investigation; a person responsible for the management of the premises; a person appointed by the commissioner to investigate misconduct; an authorised monitor; any other person the officer permits to be in the premises for helping in the investigation. This section does not apply in relation to— a corresponding warrant that is executed under section 349 of the Act ; or the use of a surveillance device under a corresponding emergency authorisation. In this section— authorised monitor , in relation to a surveillance device warrant, means a person authorised by the senior officer to whom the warrant is issued to use monitoring equipment under the warrant, whether or not the senior officer is present while the person is using the equipment. monitoring equipment means equipment used to electronically monitor and record information obtained through the use of a surveillance device. (sch.11-sec.20-ssec.1) This section sets out the responsibilities of a senior officer to whom a surveillance device warrant is issued under section 330 of the Act . (sch.11-sec.20-ssec.2) The senior officer must ensure the premises (the monitoring premises ) containing monitoring equipment being used under the warrant is— capable of being locked; and has suitable facilities for securely storing recordings made under the warrant; and is used in a way that prevents anyone outside the monitoring premises from hearing or seeing anything being listened to or monitored. (sch.11-sec.20-ssec.3) The senior officer must take reasonable steps to ensure— when the monitoring premises are unattended— the premises are locked; and any recordings made under the warrant are securely stored at the premises or another secure place; and only the following persons enter the monitoring premises— police officers helping, or involved in, the investigation; a person responsible for the management of the premises; a person appointed by the commissioner to investigate misconduct; an authorised monitor; any other person the officer permits to be in the premises for helping in the investigation. (sch.11-sec.20-ssec.4) This section does not apply in relation to— a corresponding warrant that is executed under section 349 of the Act ; or the use of a surveillance device under a corresponding emergency authorisation. (sch.11-sec.20-ssec.5) In this section— authorised monitor , in relation to a surveillance device warrant, means a person authorised by the senior officer to whom the warrant is issued to use monitoring equipment under the warrant, whether or not the senior officer is present while the person is using the equipment. monitoring equipment means equipment used to electronically monitor and record information obtained through the use of a surveillance device.