Police Powers (Surveillance Devices) Amendment Act 2023

Police Powers (Surveillance Devices) Amendment Act 2023

An Act to amend the Police Powers (Surveillance Devices) Act 2006

Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Police Powers (Surveillance Devices) Amendment Act 2023 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Police Powers (Surveillance Devices) Act 2006 is referred to as the Principal Act.

4.    Section 33 amended (Prohibition on communication or publication of protected information)

Section 33 of the Principal Act is amended by inserting after subsection (3) the following subsection:

(3A)  Subsections (1) and (2) do not apply to –

(a) the use or communication, of protected information, for the purposes of conducting a review into the use of surveillance devices in prisons, within the meaning of the Corrections Act 1997 , that is undertaken in accordance with the terms of reference tabled in both Houses of Parliament on 29 September 2022, as amended from time to time; or

(b) the use of protected information in a report, in relation to the review referred to in paragraph (a) , that is made by the person who conducted the review and the publication of the report; or

(c) the use, communication, or publication, by the Minister, of protected information contained in a report referred to in paragraph (b)  –

if the use, communication or publication is in accordance with any conditions imposed in respect of the terms of reference referred to in paragraph (a) .

5.   Repeal of Act

This Act is repealed on the first anniversary of the day on which it commenced.

[Second reading presentation speech made in:

House of Assembly on 30 MARCH 2023

Legislative Council on 1 JUNE 2023]