Commonwealth Consolidated Acts

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SURVEILLANCE DEVICES ACT 2004 - SECT 52

Other records to be kept

  (1)   The chief officer of a law enforcement agency must cause the following to be kept:

  (a)   a statement as to whether each application made by or on behalf of a law enforcement officer of the agency for a warrant, or for the extension or variation of a warrant, was granted, refused or withdrawn;

  (b)   a statement as to whether each application made by a law enforcement officer of the agency for an emergency authorisation was granted, refused or withdrawn;

  (c)   a statement as to whether each application made by or on behalf of an appropriate authorising officer for approval of the giving of an emergency authorisation to a law enforcement officer of the agency was granted, refused or withdrawn;

  (d)   a statement as to whether each application made by a law enforcement officer of the agency for a tracking device authorisation was granted, refused or withdrawn;

  (e)   details of each use by the agency, or by a law enforcement officer of the agency, of information obtained by:

  (i)   the use of a surveillance device by a law enforcement officer of the agency; or

  (ii)   access, by a law enforcement officer of the agency, to data held in a computer;

  (f)   details of each communication by a law enforcement officer of the agency to a person other than a law enforcement officer of the agency of information obtained by:

  (i)   the use of a surveillance device by a law enforcement officer of the agency; or

  (ii)   access, by a law enforcement officer of the agency, to data held in a computer;

  (g)   details of each occasion when, to the knowledge of a law enforcement officer of the agency, information obtained by:

  (i)   the use of a surveillance device by a law enforcement officer of the agency; or

  (ii)   access, by a law enforcement officer of the agency, to data held in a computer;

    was given in evidence in a relevant proceeding;

  (h)   details of each occasion when, to the knowledge of a law enforcement officer of the agency, information obtained by:

  (i)   the use of a surveillance device by a law enforcement officer of the agency; or

  (ii)   access, by a law enforcement officer of the agency, to data held in a computer;

    was used in the location and safe recovery of a child to whom a recovery order related;

  (ha)   if the agency is the Australian Federal Police or the Australian Crime Commission--details of things done under subsection   27KP(8) in relation to a network activity warrant;

  (j)   details of the destruction of records or reports under paragraph   46(1)(b) or 46AA(1)(b) or subsection   46A(1) or (1A) or 46B(1) or (2);

  (k)   details of each reconsideration by the chief officer under paragraph   50A(4)(c) that does not result in the chief officer giving advice under paragraph   50A(4)(d).

  (2)   An instrument recording a matter for the purposes of subsection   (1) is not a legislative instrument.



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