52Requirement to inform subject of surveillance

#### 52 Requirement to inform subject of surveillance 52 Requirement to inform subject of surveillance > > (1) Where, under a warrant issued under Part 3, a surveillance device has been used to record or listen to the private conversation of a person or to record visually or observe an activity of a person, an eligible Judge of the Supreme Court may direct the person to whom the warrant was issued to supply to that person, within a period specified by the eligible Judge, such information regarding the warrant and the use of the device as the eligible Judge may specify. > > > (2) The Judge must not give a direction under subsection (1) unless the Judge is satisfied that, having regard to the evidence or information obtained by the use of the surveillance device and to any other relevant matter, the use of the surveillance 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 Judge must give the person to whom the warrant was issued an opportunity to be heard in relation to the matter. > > > (4) A person to whom a direction is given under subsection (1) must comply with the direction. > > > > Maximum penalty—20 penalty units or imprisonment for a term of 12 months, or both. > > **s 52:** Am 2025 No 61, Sch 2.87\[10\]–\[12\].