Chapter 4 - Eletronics Operations

Question 1

Private Communication

Answer 1

• Any party to the communication desires it to confined to the parties to the communication

• Does not include a communication in circumstances in which any party ought reasonable to expect the communication may be intercepted by some other person without having consent of any party to do so.

Question 2

Interception Device

Answer 2

• Electronic, mechanical, electromagnetic, optical or electro-optical instrument, apparatus, equipment, or other device that is used or is capable of being used to intercept or record private communication

• Does not include a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing

Question 3

Visual Surveillance Device

Answer 3

• Any electronic, mechanical, electromagnetic, optical electro-optical instrument, apparatus, or other device that is used/capable of being used to OBSERVE or to OBSERVE & RECORD a private activity

• does not include spectacles, contact lenses, similar devices to correct subnormal vision

Question 4

Visual Trespass Surveillance

Answer 4

• Trespass surveillance involving the use of a visual surveillance device

Question 5

Surveillance Device

Answer 5

Means a device that is any of the 1 or more of the following kind of devices:

• Interception Device
• Tracking Device
• Visual Surveillance Device

Question 6

Tracking Device

Answer 6

Device to help ascertain, by electronic or other means, either or both of the following
• Location of a thing or person
• Thing has been opened, tampered with or in some way fealty with

Does not include a vehicle or other means of transport such as a boat or helicopter

Question 7

Requirement for using a SD for interception or trespass ?

Answer 7

• A serious offence in relations to trespass surveillance is an offence punishable by 7 years imprisonment or more.

Question 8

Activities for which a SDW required ?

Answer 8

Interception Device - to intercept a private communication
• Tracking Device - solely for the purpose of ascertaining whether a thing has been opened, tampered with, some way dealt with AND installation does not involve trespass of land or trespass of goods
• Visual Surveillance Device - observe private activity in private premises and any recording of that observation
• Surveillance Device - (As above) Part of the observation/recording is by VSD AND duration of the obs for the purpose of a single investigation or a connected series of investigation exceeds 3 hours in any 24 hour period or 8 hours in total.

Question 9

How many days can a SDW be in force ?

Answer 9

60

Question 10

What is a Evidential Transcript ?

Answer 10

The transcript must be a verbatim copy of the recording version of the conversation.

Question 11

Four keys activities the telephone investigation should undertake in the first 24 hours of a major operations

Answer 11

• Trapping or pre loading phone data
• TSP Liaison
• Draft a production order application early
• Proving phone ownership

Question 12

Does a CHIS have to be named in a warrant ?

Answer 12

R v McGintry - Disclosure of the identity of the alleged informers was not required under the Act.

S64 of the Evidence Act grants privilege to informers that protects their identity and extends to information that is likely to disclose their identity.

Question 13

Criteria for a SDW - S51

Answer 13

• RGTS an offence has been, or is being or will be committed in respect of which this Act or any enactment specified in column 2 of this schedule authorises the enforcement officer to apply for a 4X
• RGTB the surveillance device will obtain information that’s is EM in respect of the offence
• Restriction in s45 do not prevent the issuing of a surveillance device warrant in the circumstances