Surveillance Devices Act 2016 (SA)

South Australia

Surveillance Devices Act 2016

An Act to make provision relating to the use of surveillance devices; to provide for cross‑border recognition of warrants relating to surveillance devices; to repeal the Listening and Surveillance Devices Act 1972; and for other purposes.

The Parliament of South Australia enacts as follows:

This Act may be cited as the Surveillance Devices Act 2016.

1. (1)

   In this Act, unless the contrary intention appears—

ACC means the Australian Crime Commission;

associated equipment, in relation to a surveillance device, means equipment or things used for, or in connection with, the operation of the device;

business day means any day other than a Saturday, Sunday or public holiday;

chief officer of an investigating agency means—

1. (a)

   in the case of SA Police—the Commissioner of Police; or

2. (b)

   in the case of the Independent Commission Against Corruption—the Independent Commissioner Against Corruption; or

3. (c)

   in the case of the ACC—the Chief Executive Officer of the ACC; or

4. (d)

   in the case of any other investigating agency—the person responsible under the legislation establishing the agency for the control and management of the agency;

code name—see subsection (2) and sections 19(3) and 21(3);

corresponding emergency authority means an authority in the nature of a surveillance device (emergency) authority under this Act issued under a corresponding law of a participating jurisdiction in relation to an offence against the law of that jurisdiction corresponding to a serious offence;

corresponding law means a law of another jurisdiction declared by the regulations to correspond to this Act;

corresponding warrant means a warrant in the nature of a surveillance device warrant under this Act issued under a corresponding law of a participating jurisdiction in relation to an offence against the law of that jurisdiction corresponding to a serious offence;

data surveillance device means—

1. (a)

   a program or device capable of being used to access, track, monitor or record the input of information into, or the output of information from, a computer; and

2. (b)

   associated equipment (if any),

but does not include a device, or device of a class or kind, excluded from the ambit of this definition by the regulations;

declared surveillance device means a surveillance device or a surveillance device of a class or kind to which for the time being section 36 applies;

duplicate surveillance device (general) warrant—see section 18(2)(e);

Independent Commission Against Corruption means the Independent Commission Against Corruption under the Independent Commission Against Corruption Act 2012;

Independent Commissioner Against Corruption means the person holding or acting in the office of the Independent Commissioner Against Corruption under the Independent Commission Against Corruption Act 2012;

investigating agency means—

1. (a)

   SA Police; or

2. (b)

   the Independent Commission Against Corruption; or

3. (c)

   the ACC; or

4. (d)

   an enforcement agency within the meaning of the Telecommunications (Interception and Access) Act 1979 of the Commonwealth (an enforcement agency); or

5. (e)

   a police force of a participating jurisdiction;

judge means a judge…