Electronic Operations Definitions

Question 1

What is a surveillance device?

Answer 1

A surveillance device may be any one or more of the following kinds of device.
* a visual surveillance device
* an interception device
* a tracking device

Question 2

What is a visual surveillance device?

Answer 2

Visual surveillance device
(a) means any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment, or other device that is used to observe, or to observe and record, a private activity, but
(b) 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 3

What is Private Communication?

Answer 3

Private communication –

(a) 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

(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 person without having the express or implied consent of any party to do so.

Question 4

What is Visual trespass surveillance?

Answer 4

Is not defined in the Act but can be taken to mean; trespass surveillance involving the use of a visual surveillance device.

Question 5

What is Interception?

Answer 5

Intercept in relation to a private communication, includes hear, listen to, record, monitor, acquire or receive the communication either –

• when it is taking place, or
• while it is in transit

Question 6

What is a Interception Device?

Answer 6

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; but

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

Section 46 – Activities for which surveillance device warrant required
(a) Use of an interception device to intercept private communications

Question 7

What is a Tracking Device?

Answer 7

Tracking device –

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

(b) does not include a vehicle or other means of transport, such as a boat or helicopter.

Section 46 – Activities for which surveillance device warrant required

(b) Use of a tracking device, except where a tracking device is installed solely for the purpose of ascertaining whether a thing has been opened, tampered with, or in some other way dealt with, and the installation of the device does not involve trespass to land or trespass to goods.

Question 8

What is Evidential Material?

Answer 8

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.