35Report on use of authority

#### 35 Report on use of authority 35 Report on use of authority > > (1) The employer or employer’s representative to whom a covert surveillance authority is issued must furnish a report in compliance with this section to the Judge who issued the authority within 30 days after the expiry of the authority. > > > > Maximum penalty—20 penalty units. > > > (2) The report is to be in writing, setting out briefly the result of the surveillance carried out and specifying the following— > > > > > (a) if practicable, the name of any employee who was the subject of the surveillance, > > > > > (b) the period during which the surveillance was conducted, > > > > > (c) details of the type of surveillance device used and of the type of place where any surveillance device was installed or used, > > > > > (d) whether any surveillance device has been removed and, if not, why not, > > > > > (e) details of the conditions of the covert surveillance authority, > > > > > (f) details of any surveillance record made as a consequence of the surveillance, > > > > > (g) any action taken or proposed to be taken in light of the information obtained, > > > > > (h) any reason why an employee who was the subject of the surveillance should not be informed of the surveillance, > > > > > (i) details of any previous use of covert surveillance in connection with suspected unlawful activity with which the authority is concerned. > > > (3) The regulations may require the report to include other specified information and may require the report to be in a form prescribed by the regulations. > > > (4) If the Judge who issued a covert surveillance authority has died, has ceased to be a Judge or is absent, the report is to be furnished to another Judge. > > > (5) The Judge to whom the report is furnished may make such orders as the Judge thinks appropriate with respect to the use or disclosure of any surveillance record made as a consequence of surveillance conducted in accordance with the authority, including either or both of the following orders— > > > > > (a) an order that a surveillance record made as a consequence of the surveillance be delivered up to the Judge to be kept in the custody of the Judge or dealt with as the Judge may otherwise order, > > > > > (b) an order that a specified person or body be informed of the surveillance and given access to, or to part of, any surveillance record made as a consequence of the surveillance. > > > (6) A Judge must make an order under subsection (5) (b) in favour of a person who was the subject of surveillance unless the Judge is satisfied that there is good reason for not making the order. > > > (7) In considering whether there is good reason for not making an order under subsection (5) (b) in favour of a person, the Judge is to give consideration to whether the surveillance was justified and whether the surveillance was an unnecessary interference with privacy. > > **s 35:** Am 2025 No 61, Sch 2.92\[2\].