Surveillance Devices Regulation 2022 (2022-526) (NSW)

Surveillance Devices Regulation 2022

Part 1 Preliminary

1 Name of Regulation This Regulation is the Surveillance Devices Regulation 2022.

2 Commencement This Regulation commences on 1 September 2022.

Note— This Regulation replaces the Surveillance Devices Regulation 2014, which is repealed on 1 September 2022 by the Subordinate Legislation Act 1989, section 10(2).

3 Definition In this Regulation— the Act means the Surveillance Devices Act 2007.

Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

Part 2 General provisions

4 Corresponding laws—the Act, s 4 For the Act, section 4(1), definition of corresponding law, the following laws of other jurisdictions are declared to be corresponding laws— (a) the Surveillance Devices Act 2007 of the Northern Territory, (b) the Police Powers and Responsibilities Act 2000 of Queensland, Chapter 13, (c) the Police Powers (Surveillance Devices) Act 2006 of Tasmania, (d) the Surveillance Devices Act 1999 of Victoria, (e) the Crimes (Surveillance Devices) Act 2010 of the Australian Capital Territory.

5 Police officers' use of body-worn video—additional purposes for using information obtained—the Act, s 40 (1) For the Act, section 40(4A)(c), the information obtained from the use of body-worn video by a police officer may also be used for the following purposes— (a) coronial proceedings under the Coroners Act 2009, (b) administrative decisions made under an Act administered by the Minister for Police and Emergency Services, (c) proceedings of a court or tribunal in which the NSW Police Force or the State is a party or in which a member of the NSW Police Force is called as a witness, (d) investigations of a complaint against, or the conduct of, a member of the NSW Police Force, (e) investigations of an alleged workplace injury to a member of the NSW Police Force, (f) a media production including, for example, a television, radio or internet broadcast, but only if— (i) the body-worn video from which the information is obtained is provided particularly for the purposes of the media production, and (ii) the NSW Police Force has approved all content to be used in the media production, and (iii) the use of the information is otherwise lawful and does not breach guidelines issued by the Commissioner of Police for the purposes of this subsection. (2) In this section— use of information includes publication and communication of the information.