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The president of the NSW Council of Civil Liberties, Cameron Murphy, said the legislation would provide the sort of powers that ¡°allowed police corruption in this state to grow¡±.
¡°This is about reducing oversight,¡± he said. ¡°Where is the evidence this is necessary? Police have been quite easily able to obtain warrants.¡±
Police would be able to call for a ¡°retrospective warrant¡± if there was an ¡°imminent threat of serious violence to a person or substantial damage to property¡±, Mr Iemma said.
They could use the devices for five days before applying to a judge for a warrant, he said.
The legislation would cover ¡°listening devices, optical devices, data surveillance used to record and monitor information on a computer, and tracking devices which monitor the location of a person or object¡±, he said.
Some new technology that has been unregulated will fall under the changes, which affect the police, Police Integrity Commission, Independent Commission Against Corruption and NSW Crime Commission.
Yesterday the Attorney-General, John Hatzistergos, referred to the use of isotopes.
¡°Apparently, with the technology now, you can have isotopes sprayed on the person of someone and, under this legislation, you¡¯re able to have that authorised for tracking purposes,¡± Mr Hatzistergos said.
¡°That¡¯s a new technology. It¡¯s just one of the examples [where] a person¡¯s movement is able to be tracked ¡¦ a lot of this kind of material is particularly familiar to the Crime Commission.¡±
Warrants for installing listening and monitoring devices will be simplified so police can use several devices under one warrant. At present a warrant is required for each device.
The laws will allow the use of surveillance devices on vehicles, containers and boxes that might be moved in a drug operation, and on people, and will allow someone to be monitored if they move interstate.
Mr Iemma said yesterday: ¡°Crooks are getting smarter and technology is getting more advanced, and these laws guarantee police will remain ahead of the game.
¡°All other Australian states and territories are signing up to these laws. This means that law enforcement agencies in every state and territory will be working off the same book.
¡°All other warrants [other than emergency warrants] will also go to the Supreme Court except tracking devices, which police will be able to obtain from a magistrate.¡±
Mr Iemma mentioned investigations in which listening devices had helped in drug raids and arrests for murder.
Mr Murphy said some of the technology was ¡°frightening¡± and asked why police would need a warrant for 90 days.
A spokeswoman for the Attorney-General said the bill had yet to be finalised and would be introduced in a fortnight.
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