Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Act 2018 (34 of 2018)

Schedule 1   Assistance to international courts and tribunals

Part 6   Use of surveillance devices

International War Crimes Tribunals Act 1995

83   After Division 1 of Part 4

Insert:

Division 1A - Requests for surveillance devices

32A Authorising applications for surveillance device warrants

(1) The Attorney-General may authorise, in writing, an eligible law enforcement officer to apply for a surveillance device warrant under section 14 of the Surveillance Devices Act 2004 if:

(a) a Tribunal has requested the Attorney-General to arrange for the use of a surveillance device; and

(b) the Attorney-General is satisfied that a proceeding is before, or an investigation is being conducted by, the Tribunal; and

(c) the Attorney-General is satisfied that the Tribunal has given appropriate undertakings for:

(i) ensuring that the information obtained as a result of the use of the device will only be used for the purpose for which it is communicated to the Tribunal; and

(ii) the destruction of a document or other thing containing information obtained as a result of the use of the device; and

(iii) any other matter the Attorney-General considers appropriate.

Note: The eligible law enforcement officer can only apply for the warrant if he or she reasonably suspects that the use of the device is necessary for the investigation or proceeding (see subsection 14(3A) of the Surveillance Devices Act 2004).

(2) An eligible law enforcement officer is a person mentioned in column 3 of table item 5 in subsection 6A(6), or column 3 of table item 5 in subsection 6A(7), of the Surveillance Devices Act 2004.