Commonwealth Consolidated Acts

SURVEILLANCE DEVICES ACT 2004 - SECT 49

             (1)  The chief officer of each law enforcement agency to which there belongs or is seconded a law enforcement officer to whom:

                     (a)  a warrant is issued; or

                     (b)  an emergency authorisation is given; or

                     (c)  a tracking device authorisation is given;

must, as soon as practicable after the warrant or authority ceases to be in force:

                     (d)  make a report to the Minister in accordance with this section; and

                     (e)  give to the Minister a copy of each such warrant or authorisation, and of any instrument revoking, extending or varying such a warrant or authorisation.

             (2)  In the case of a surveillance device warrant, or an authorisation referred to in paragraph (1)(b) or (c), the report must:

                     (a)  state whether the warrant or authorisation was executed; and

                     (b)  if so:

                              (i)  state the name of the person primarily responsible for the execution of the warrant or authorisation; and

                             (ii)  state the name of each person involved in the installation, maintenance or retrieval of the surveillance device; and

                            (iii)  state the kind of surveillance device used; and

                            (iv)  state the period during which the device was used; and

                             (v)  state the name, if known, of any person whose conversations or activities were overheard, recorded, monitored, listened to or observed by the use of the device; and

                            (vi)  state the name, if known, of any person whose location was determined by the use of a tracking device; and

                           (vii)  give details of any premises on which the device was installed or any place at which the device was used; and

                          (viii)  give details of any object in or on which the device was installed and any premises where the object was located when the device was installed; and

                            (ix)  if the warrant is issued or the authorisation given in respect of the investigation of a relevant offence--give details of the benefit to the investigation of the use of the device and of the general use made or to be made of any evidence or information obtained by the use of the device; and

                             (x)  if the warrant is issued or the authorisation given in respect of the location and safe recovery of a child to whom a recovery order relates--give details of use of the device in assisting with the location and safe recovery of the child; and

                            (xi)  give details of the communication of evidence or information obtained by the use of the device to persons other than officers of the agency; and

                           (xii)  give details of the compliance with the conditions (if any) to which the warrant or authorisation was subject; and

                     (c)  if the warrant or authorisation was extended or varied, state:

                              (i)  the number of extensions or variations; and

                             (ii)  the reasons for them.

             (3)  In the case of a retrieval warrant, the report must:

                     (a)  give details of any premises entered, anything opened and any object removed and replaced under the warrant; and

                     (b)  state whether the surveillance device was retrieved under the warrant; and

                     (c)  if the device was not retrieved, state the reason why; and

                     (d)  give details of the compliance with the conditions (if any) to which the warrant was subject.