Electronic Operations

Question 1

“Evidential Material”

Answer 1

In relation to an offence or a suspected offence, means evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation of the offence.

Question 2

“Private Communication”

Answer 2

Private communication-

• means a communication (whether in oral or written form, or in the form of a telecommunication, 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
• 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 person without having the express or implied consent of any party to do so

Question 3

“Interception Device”

Answer 3

Interception device-

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

Question 4

“Visual Surveillance Device”

Answer 4

Visual surveillance device

• 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 to observe and record, a private activity; but
• does not include spectacles, contact lenses, or a similar device used to correct subnormal vision of the user to no better than normal vision.

Question 5

“Surveillance Device”

Answer 5

means a device that is any 1 or more of the following kinds of devices:

(a) an interception device:
(b) a tracking device:
(c) a visual surveillance device.

Question 6

“Tracking Device”

Answer 6

Tracking Device

• means a device that may be used to help ascertain, by electronic or other means, either or both of the following:
  
  • the location of a thing or a person:
  • whether a thing has been opened, tampered with, or in some other way dealt with; but
• does not include a vehicle or other means of transport, such as a boat or helicopter.

Question 7

“Surveillance”

Answer 7

Surveillance in this Act includes:

• observing, and any recording of that observation, of people, vehicles, places and things;
• ascertaining (tracking) the location of a thing or person, and/or ascertaining whether a thing has been tampered with; or
• intercepting a private communication through the use of a “surveillance device”.

Question 8

Acivities for which a Surveillance Device Warrant required:

Answer 8

• Use of an interception device to intersept private communication.
• Use of a tracking device (unless only used to ascertain if thing has been opened/tampered with and does not invovle tresspass)
• Observation of private activity in private premises by means of a visual surveillance device
• Use of a surveillance device that involved trespass to land or goods.
• Observation and any recording of private acivity in the curtilage of private premises by a visual surveillance device if the duration of the observation exceedes: 3 hours in any 24 hour period, or 8 hours in total.

Question 9

Emergency Surveillance Device Powers s48 S&S

Answer 9

• Authorised to apply for warrant but not practical and:
  
  • 14+ year offence
  • arms act offence
  • drug offence in realtion do rugs in Part 1 of each schedule
• Use of Surveillance device is restricted to 48 hours.

Question 10

Criteria for Surveilance Device Warrant

Answer 10

• RGTS offence has/will/is been committed and act authorised an application for a search warrant.
• RGTB use of SDW will obtain evidential material.

Question 11

s64 Informers - Definition

Answer 11

An informer has a privilege in respect of information that would disclose, or is likely to disclose, the informer’s identity.

• A person is an informer for the purposes of this section if the person has supplied, gratuitously or for reward, information to an enforcement agency, or to a representative of an enforcement agency, concerning the possible or actual commission of an offence in circumstances in which the person has a reasonable expectation that his or her identity will not be disclosed; and is not called as a witness by the prosecution to give evidence relating to that information.

An informer may be a member of the police working undercover.

Question 12

Serious Offences

Answer 12

Where tresspass surveillance or an interception device is involved, the law restricts their use to obtaining evidential material in relation to “serious offences” only.

A serious offes is 7+ years

Question 13

4 key activites to be completed by telephone investigatot

Answer 13

• Trapping or “pre-loading” phone data
• Establish TSP Liaison
• Draft a production order
• Proving phone ownership/use (attribution)