Electronic Operations

Question 1

Evidential material definition

Answer 1

Evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation of the offence

Question 2

Private communication definition

Answer 2

A communication, whether oral, written, a form or telecommunication or otherwise, made under circumstances that may reasonable be taken to indicate that any party desires it to be confined to the parties to the communication.
Does not include circumstances in which any party ought reasonable expect it may be intercepted with the express or implied consent of any party.

Question 3

Surveillance devices definition

Answer 3

Devices which assist or enhance normal capabilities
- Visual
- Interception
- Tracking

Question 4

Visual surveillance device definition

Answer 4

Any electronic, electromagnetic, electro-optical, mechanical or optical apparatus, equipment, instrument or other device that is used to observe or record a private activity

Question 5

Interception device definiton

Answer 5

Any electronic, electromagnetic, electro-optical, mechanical or optical apparatus, equipment, instrument or other device used or capable of being used to intercept or record a private communication

Question 6

Tracking device definition

Answer 6

A device that may be used to help ascertain, by electronic or other means, either or both of the following:
- location of a thing or person
- whether a thing has been opened, tampered with or in some other way dealt with

Question 7

Visual trespass surveillance definition

Answer 7

Trespass surveillance involving the use of a visual surveillance device

Question 8

Section 48(2)(e) - specific surveillance device emergency power relating to drugs

Answer 8

• suspect an offence has, is, or will be committed in relation to controlled drugs
• believe use of surveillance device would obtain EM

Question 9

Section 57 - EM obtained from use of a SD relating to a different offence

Answer 9

Evidential material obtained from lawful use of a SD, relating to an offence other than which the warrant was issued, is admissible so long as a SDW could have been issued or lawfully used

Question 10

Process for obtaining call associated data
Section 71 - PO
Section 49 - SDW

Answer 10

• Trapping or pre loading phone data at the TSP
• Establish effective relationship with a person at the TSP to deal with inquiry’s
• Draft a PO application early
• No SW required for emergency situations - can obtain info from TSP on public interest grounds
• Liaise with an analyst to assist in formatting raw data
• Attribute phone ownership