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Tuesday, 30 November 2004
Page: 19


Senator GREIG (1:34 PM) —be leave—I move Democrat amendment (4) on sheet 4360:

(4) Clause 6, page 11 (line 31) to page 12 (line 2), omit the definition of tracking device authorisation.

This amendment reflects the Democrats' view that there ought to be no alternative authorisation process for the use of tracking devices. The provisions of the bill before us enable the use and retrieval of tracking devices without a warrant if that use and retrieval does not involve any entry onto premises or interference with the interior of a vehicle without permission. In these circumstances a senior law enforcement officer can give permission for the use of a tracking device and there is no need to go to a judge or an AAT member to obtain a warrant. We Democrats oppose these provisions. We believe the use of tracking devices should be subject to the same protections and accountability mechanisms as the use of other surveillance devices under this bill. Our amendments seek to remove the alternative approval process for the use of tracking devices and in removing these provisions we would make it necessary for law enforcement agencies to obtain a surveillance device warrant from a judge or a member of the AAT if the agencies propose to use a tracking device in respect of a particular individual.