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 OZschwitz: Concern as police bugging power widens

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RR Phantom

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PostSubject: OZschwitz: Concern as police bugging power widens   OZschwitz: Concern as police bugging power widens Icon_minitimeSat Aug 02, 2008 9:41 pm

NSW police now have special emergency powers to bug or track people for up to four days without a warrant.

Under the biggest shake-up to the state's surveillance laws, police will have up to four days to monitor people before needing to apply retrospectively for an emergency warrant from a Supreme Court judge.

NSW Attorney-General John Hatzistergos said the new police powers flowed from an inter-governmental Australian terrorism summit in 2002.

"I don't believe the threat of terrorism has disappeared," Mr Hatzistergos said. "The law says the emergency powers may be used if there is an imminent threat of serious violence or substantial damage to property, or if a serious narcotics offence could be committed.

"To adequately track and prosecute terrorists, we need to be able to monitor computers, as well as be able to watch and listen with whatever means available."

Mr Hatzistergos said police would come under the full scrutiny of the issuing judge and be audited by the Ombudsman. Reports would also be made to the Attorney-General and State Parliament.

Only material relevant to a possible prosecution could be kept and it must be stored in a secure place. If a judge refuses to grant a warrant, all records gathered must be destroyed.

Under the Surveillance Devices Act 2008, which came into effect on Friday, NSW Police can now also cross state borders, and the operational time for surveillance warrants has risen from 21 days to 90 days.

NSW Council for Civil Liberties president Cameron Murphy said the new powers were a massive reduction in police accountability to the community.

"We have seen a number of high-profile police in NSW and Victoria in trouble," he said. "It raises the question: 'Can we trust them with these powers where there is an accountability-free zone?' "

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