Legislation to note: Surveillance Devices Act 2007 commenced on Friday

04/08/2008

The Surveillance Devices Act 2007 commenced on Friday, 1 August 2008 and will allow surveillance warrants to be used by police during cross border operations once the legislation has been recognised by participating jurisdictions. The law, which supersedes the Listening Devices Act 1984, is based on national laws agreed to by Australia’s police ministers and attorneys-general. View the attorney's media release>

The shadow attorney general, Greg Smith SC�has issued a media release urging caution on the use of the new powers where surveillance devices are used without police having to first obtain a warrant.

“As these powers are exceptional and involve invasions of privacy, there needs to be close scrutiny of their use by independent judges. The Surveillance Devices Act allows Police to use surveillance devices in cases where police reasonably suspect or believe there is an imminent threat of serious violence to a person or substantial damage to property, or that a serious narcotics offence will be committed.

“These include listening devices to bug conversations between suspects for up to�two days without having to satisfy a Judge that a warrant should be issued. This is clearly an invasion of privacy", Mr Smtih said.

4 August 2008