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

Schedule 10   Surveillance devices

Surveillance Devices Act 2004

32   After section 46

Insert:

46A Destruction of records - information obtained before a control order came into force

(1) If:

(a) a record or report is in the possession of a law enforcement agency; and

(b) the record or report comprises information obtained from the use of a surveillance device under:

(i) a control order warrant; or

(ii) a tracking device authorisation;

issued or given on the basis of a control order made in relation to a person; and

(c) in the case of a control order warrant - the warrant was issued for the purpose, or for purposes that include the purpose, of obtaining information that would be likely to substantially assist in connection with determining whether the control order, or any succeeding control order, has been, or is being, complied with; and

(d) in the case of a tracking device authorisation - the authorisation was given to obtain information relating to the person for the purpose, or for purposes that include the purpose, of determining whether the control order, or any succeeding control order, has been, or is being, complied with; and

(e) the use of the surveillance device occurred when the control order had been made, but had not come into force because it had not been served on the person; and

(f) the chief officer of the agency is satisfied that none of the information obtained from the use of the surveillance device is likely to assist in connection with:

(i) the protection of the public from a terrorist act; or

(ii) preventing the provision of support for, or the facilitation of, a terrorist act; or

(iii) preventing the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country;

the chief officer of the agency must cause the record or report to be destroyed as soon as practicable.

(2) Section 6C does not apply to subsection (1) of this section.