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Tuesday, 30 November 2004
Page: 68

Senator GREIG (4:54 PM) —I move Democrat amendment (30) on sheet 4360:

(30) Clause 44, page 50 (after line 10), after paragraph (1)(a), insert:

(aa) any information obtained from the use of a surveillance device without a warrant under Part 4; or

One of the most important aspects of this bill is that it limits the way in which evidence obtained through the use of surveillance devices can be used. Unfortunately these limitations do not apply to evidence obtained from all types of surveillance. Notably, evidence obtained by means of an optical surveillance device is not considered protected information for the purposes of this legislation and therefore is not subject to the same restrictions on the way in which it can be used. We Democrats disagree with this double standard for different types of surveillance devices. We believe that the covert videotaping of individuals going about their daily lives should be subjected to the same restrictions as other forms of surveillance. Accordingly, this amendment seeks to ensure that any information obtained through the use of a surveillance device without a warrant is treated as protected information.