Section 312J — Crimes Act 1961: Destruction of relevant records made by use of interception device

312J Destruction of relevant records made by use of interception device (1) The Commissioner of Police must ensure that every record, whether written or otherwise, of the information obtained by the Police from the interception of a private communication in pursuance of an interception warrant or an emergency permit, being information that relates wholly or partly and directly or indirectly to— (a) The commission of a specified offence or a conspiracy to commit such an offence; or (b) The commission of a serious violent offence or a conspiracy to commit such an offence; or (c) A drug dealing offence or a prescribed cannabis offence (as those terms are defined in section 10 of the Misuse of Drugs Amendment Act 1978 ),—

is destroyed as soon as it appears that no proceedings, or no further proceedings, will be taken in which the information would be likely to be required to be produced in evidence. (2) Nothing in subsection (1) of this section shall apply to— (a) Any record of any information adduced in proceedings in any Court, or (in any case where the defendant pleads guilty) of any record of any information that, in the opinion of the Judge to whom the report referred to in subsection (3) of this section is made, would have been adduced had the matter come to trial: (b) Any record of any information contained in any transcript or written statement given to any person in accordance with section 312L(a) of this Act. (3) Every report made to a Judge in accordance with section 312P of this Act shall state whether or not subsection (1) of this section has yet been complied with, and, if it has not, the Judge shall give such directions relating to the eventual destruction of the record as the Judge thinks necessary to ensure compliance with that subsection, including a requirement that the Judge be advised when the record has been destroyed. Part 11A, comprising sections 312A to 312Q, was inserted, as from 1 August 1987, by section 4 Crimes Amendment Act (No 2) 1987 (1987 No 167). The heading to section 312J was amended, as from 1 October 2003, by section 27 Crimes Amendment Act 2003 (2003 No 39) by substituting the words “ interception device ” for the words “ listening device ” . Subsection (1) was substituted, as from 1 February 1998, by section 17 Crimes Amendment Act (No 2) 1997 (1997 No 93).