Surveillance Devices Amendment (Validation) Act 2009 (NSW)

An Act to amend the Surveillance Devices Act 2007 to validate certain warrants granted under the Listening Devices Act 1984.

1Name of Act

This Act is the Surveillance Devices Amendment (Validation) Act 2009.

2Commencement

This Act commences on the date of assent to this Act.

3Amendment of Surveillance Devices Act 2007 No 64

Insert after clause 6:

Part 3Validation of certain listening device warrants7Validation(1)

In this Part:

relevant period means the period commencing on 3 March 2008 and ending on 7 March 2008 (inclusive).

repealed Act means the Listening Devices Act 1984 as in force immediately before 1 August 2008.

warrant means a warrant authorising the use of a listening device granted under the repealed Act.

(2)

The instrument made under section 3A of the repealed Act on 10 March 2008 that declared The Honourable Justice Lucy McCallum (the Judge) to be an eligible Judge for the purposes of that Act is taken to have been made on 3 March 2008.

(3)

Accordingly:

• (a)

  any warrant purporting to have been granted by the Judge during the relevant period that, but for subclause (2), would have been invalid only because it had not been granted by a person who was an eligible Judge is taken at the time it was granted and at all relevant times after it was granted to have been a valid warrant granted by an eligible Judge, and

• (b)

  any evidence obtained, directly or indirectly, as a result of the use of a listening device pursuant to such a warrant is not rendered inadmissible only because the warrant was granted in those circumstances, and

• (c)

  section 3A (4) of the repealed Act is taken to have applied during the relevant period in respect of any function exercised by the Judge in respect of such a warrant.