Search and Surveillance Act 2012

Enforcement officers' powers and orders - Surveillance device warrants and declaratory orders - Surveillance device warrant reports

59: Surveillance device warrant report

You could also call this:

"Telling the Judge what happened with a surveillance device warrant"

When you use a surveillance device warrant, you must give a report to the Judge who issued it. You have one month to do this after the warrant expires. If the Judge is not available, you give the report to another Judge in the same court. You have to include certain information in the report, such as whether you got any evidence from using the surveillance device. You also have to say if the evidence you got was what the warrant said you were looking for, as stated in section 55(3)(e), and how you used the device.

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Part 3Enforcement officers' powers and orders
Surveillance device warrants and declaratory orders: Surveillance device warrant reports

59Surveillance device warrant report

  1. A person who carries out the activities authorised by a surveillance device warrant must provide a surveillance device warrant report within 1 month after the expiry of the period for which the warrant is in force, as specified in the warrant, to the Judge who issued the warrant or, if that Judge is unable to act, to a Judge of the same court as the Judge who issued the warrant.

  2. The surveillance device warrant report must contain the following information:

  3. whether carrying out the activities authorised by the surveillance device warrant resulted in obtaining evidential material:
    1. whether or not the evidential material obtained as a result of carrying out the activities authorised by the warrant was evidential material specified in the warrant in accordance with section 55(3)(e):
      1. the circumstances in which the surveillance device was used:
        1. whether any criminal proceedings have been brought or are under consideration as a result of evidential material obtained under the warrant:
          1. any other information stated in the warrant as being required for inclusion in the surveillance device warrant report.