Electronic Operations - Definitions

Question 1

What is evidential material?

Answer 1

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

Question 2

What is Private Communication?

Answer 2

a) Communication - (whether oral, written or in form of telecommunication) made under circumstances that may be taken to indicate that any party to the communication desires it to be confined to parties to the communication
AND
b) Does not include communication of that kind occurring in circumstances in which parties to the communication ought to expect that communication may be intercepted by some person/party without having express or implied consent of any party to do so.

Question 3

What is an Interception Device?

Answer 3

a) Any electronic, mechanical, electromagnetic, optical or electro - optical instrument, apparatus, equipment or other device that is used or capable of being used to intercept or record private communication
BUT
b) does not include hearing aid or similar to correct subnormal hearing.

Question 4

What is a Visual Surveillance Device?

Answer 4

a) Any electronic, mechanical, electromagnetic, optical or electro - optical instrument, apparatus, equipment or other device that is used or capable of being used to observe, or to observe and record, a private activity
BUT
b) does not include spectacles, contact lenses or similar to correct subnormal vision.

Question 5

What are the types of Surveillance Devices?

Answer 5

a) Interception device
b) Tracking device
c) a visual surveillance device

Question 6

What is a tracking device?

Answer 6

a) Device assist with one or both things:
- The location of a thing or a person
- Whether a thing has been opened, tampered with or in some other way dealt with
BUT
b) does not included a vehicle or other means of transport, such as a boat or helicopter