Electronic Operations Flashcards
(Define) Private Communication
(a) Means a communication
whether in oral or written form
or in the form of telecommunications or otherwise
made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication
But
(b) does not include a communication of that kind occurring in circumstances in which any party to the communication ought reasonably to expect that the communication may be intercepted by some other party without the express or implied consent of any party to do so.
(Define) Interception device
(a) means any 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 a private communication (including a telecommunication); but
(b) does not included a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing.
(Define) Visual surveillance device
(a) means any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment or other device that is used or is capable of being used to observe or observe and record a private activity; but
(b) does not included a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing.
(Define) Surveillance Device
There are three kinds
(a) interception device
(b) visual surveillance device
(b) tracking device
(Define) Tracking device
(a) means a device that may be used to hlep acertain, by electronic or other means, either or both of the following:
(i) the location of a thing or person
(ii) whether a thing has been opened or tampered with or in some other way dealt with
(b) does not include a vehicle or other means of transport such as a boat or helicopter.
Where trespass onto private land or unauthorised handling of goods is required for a surveillance device, a surveilance warant can only be granted for serous offences.
What qualifies as a serious offense?
How does an interception device differ?
An offense punishable by 7 years imprisonment
or against certan sections of the Arms Act.
An interception device differs in that a warrant can only be granted for serious offences regardless of whether trespass is involved.
Search and surveillance Act 2012
Section 46(1)
Search and surveillance Act 2012
Section 46
(1) Except as provided by sections 47 and 48, an enforcement officer who wishes to undertake any 1 or more of the following activities must obtain a surveillance device warrant:
(a) use of an interception device to intercept a private communication:
(b) use of a tracking device, except where a tracking device is installed soley for the purpose of acertaining whether a thing has been opened, tampered with or in some way dealt with, and instalation does not require trespass to private land or trespass to goods
(c) observing of private activity in private premises, and any recording of that observation, by means of a visual surveillanc device
(d) use of a surveillance device that involves trespass to private land or trespass to goods
(e) observation of private activity in the curtilage of private premises, and any recording of that observation, if any part of the observation or recording is by means of a visual surveillance device, and the duration of the observation, for the purpose of a single investigation, or a connected series of investigations, exceeds:
3hrs in any 24hr period; or
8 hrs in total.
What provisions are found in section 47 of the SSA2012 which enable an enforcement officer to carry out surveillance activities without a warrant?
Search and Surveillanc Act 2012
Section 47
(a) an enforcement officer -
(i) being lawfully in a private premises; and
(ii) recording what he or she observes or hears there (provided that the enforcement officer records only those matters that he or she could see or hear with out the use of a surveillance device):
(b) covert audio recording of a voluntary oral communication between 2 or more persons made with the consent of at least one of them:
(d) activities carried out by the enforcement officer’s use of a surveillance device, if that use is authorised under any enactment other than this Act.
A surveillance device warrant is ‘always’ required for the use of an interception device.
What is the exception to this requirement?
When the interception device is used to record a private communication with the consent of at least one of the parties to that communication.
(Define) Voluntary Oral Communication
Voluntary oral communication is a communication between one or more persons where at least one party to that communication gives their consent for the communication to be recorded.
According to s57 of the Search and Serveillance Act 2012
Evidence of a seperate offence found during the lawful execution of a device warrant is still admissable
True or False
True
Do informers have privilage and in what Act is this provided for?
Yes, Evidence Act 2006
s64 Informers
Who is an informer and can undercover police be informers?
Evidence Act 2006
s64 Informers
a person who provides information in relation to offending where they have a reasonable exptectation that their identity will not be disclosed
Undercover police can be informers
What does TPS stand for?
Telecommunications service provider
What are the destruction requiremnts for interception data for:
Irellevant data?
Rellevant data?
Irellevant data must be destroyed
Rellevant data must be destroyed once int is decided that it won’t be used in proceedings.
