Surveillance Devices Act 2007 (NSW)

Surveillance Devices Act 2007 No 64

An Act to regulate the installation, use, maintenance and retrieval of surveillance devices; to repeal the Listening Devices Act 1984; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Surveillance Devices Act 2007.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

2A Objects of Act The objects of this Act are— (a) to provide law enforcement agencies with a comprehensive framework for the use of surveillance devices in criminal investigations, and (b) to enable law enforcement agencies to covertly gather evidence for the purposes of criminal prosecutions, and (c) to ensure that the privacy of individuals is not unnecessarily impinged upon by providing strict requirements around the installation, use and maintenance of surveillance devices.

3 Relationship to other laws and matters (1) Except where there is express provision to the contrary, this Act is not intended to affect any other law of the State that prohibits or regulates the use of surveillance devices.

Note. For example, the Workplace Surveillance Act 2005 contains certain requirements in relation to camera surveillance. The applicable requirements of both that Act and this Act will need to be complied with if camera surveillance is carried out. (2) This Act is not intended to limit a discretion a court has— (a) to admit or exclude evidence in any proceeding, or (b) to stay criminal proceedings in the interests of justice. (3) For the avoidance of doubt, it is intended that a warrant may be issued, or an emergency authorisation given, in this jurisdiction under this Act for the installation, use, maintenance or retrieval of a surveillance device in this jurisdiction or a participating jurisdiction, or both.