South Australian Consolidated Regulations

LISTENING AND SURVEILLANCE DEVICES REGULATIONS 2003 - REG 6

6—Access to records

        (1)         The records authority may authorise a person to be provided access to a record if the records authority is satisfied that the person requires access—

            (a)         for the purposes of a relevant investigation; or

            (b)         for the purposes of a relevant proceeding; or

            (c)         otherwise in the course of the person's duty or as required by law.

        (2)         As soon as practicable after a person is provided access to a record, the following details must be entered in the relevant records book:

            (a)         the name (and, if the person is a member of the police force, the rank and station) of the person who was provided access to the record;

            (b)         the contact details of the person who was provided access to the record;

            (c)         the reason the person required access to the record;

            (d)         the date on which access to the record was provided;

            (e)         except where the person who was provided access to the record is a defendant (or the lawyer representing a defendant) in a relevant proceeding—the estimated date of return of the record to the records authority.

        (3)         For the purposes of subregulation (2)(e), where the access is provided to the Minister or a court for the purposes of a relevant proceeding, the estimated date of return of the record will be the second anniversary of the day on which access was provided.

        (4)         If a record is not returned to the records authority by the estimated date of return—

            (a)         the person who was provided access to the record must be asked to give an undertaking to the records authority to return the record either immediately or on a reviewed estimated date of return; and

            (b)         the following details must be entered in the relevant records book:

                  (i)         the undertaking given to the records authority as to the return of the record;

                  (ii)         the date of the undertaking.

        (5)         If the record is not returned within the time specified in an undertaking given under subregulation (4), the failure to return must be entered in the relevant records book.

        (6)         As soon as practicable after a record is returned to storage, the following details must be entered in the relevant records book:

            (a)         the name (and, if the person is a member of the police force, the rank and station) of the person who returned the record;

            (b)         the date on which the record was returned to storage.