Counter-Terrorism Legislation Amendment Act (No. 1) 2016 (82 of 2016)

Schedule 10   Surveillance devices

Surveillance Devices Act 2004

37   After section 50

Insert:

50A Deferral of inclusion of information in annual report

Scope

(1) This section applies to information in a report submitted to the Minister under subsection 50(1) by the chief officer of a law enforcement agency.

Exclusion of information

(2) If the chief officer is satisfied that the information is control order information, the chief officer must advise the Minister in writing to exclude the information from the report before tabling it in Parliament under subsection 50(4).

(3) If the Minister is satisfied, on the advice of the chief officer, that the information is control order information, the Minister must:

(a) notify the chief officer in writing; and

(b) exclude the information from the report before tabling it in Parliament.

Inclusion of information in subsequent report

(4) If:

(a) because of subsection (3), the information has not been included in a report tabled in Parliament; and

(b) the chief officer submits a report (the later report ) to the Minister under subsection 50(1);

the chief officer must, before the Minister tables the later report:

(c) reconsider whether the information is control order information; and

(d) if the chief officer is satisfied that the information is not control order information - advise the Minister in writing to include the information in the later report before tabling it in Parliament.

(5) If the Minister is satisfied, on the advice of the chief officer, that the information is not control order information, the Minister must:

(a) notify the chief officer in writing; and

(b) include the information in the later report before tabling it in Parliament.

Definitions

(6) In this section:

control order information means information that, if made public, could reasonably be expected to enable a reasonable person to conclude that a control order warrant authorising:

(a) the use of a surveillance device on particular premises; or

(b) the use of a surveillance device in or on a particular object or class of object; or

(c) the use of a surveillance device in respect of the conversations, activities or location of a particular person;

is likely to be, or is not likely to be, in force.