IMPORTANT Flashcards
Section 46 (a)- Activities for which surveillance device warrant required
a) use of an interception device to intercept a private communication
Section 46 (b)- 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 the goods
Section 46 (c)- Activities for which surveillance device warrant required
c) observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device
Section 46 (d)- Activities for which surveillance device warrant required
d) use of a surveillance device that involves trespass to land or goods
Section 46 (e)- Activities for which surveillance device warrant required
e) observation of private activity in the curtilage of private premises, and any recording of that observation, if recording is by visual surveillance, and the duration, for the purposes of a single investigation, or a connected series of investigation exceeds -
i) 3 hours in any 24 hour period
ii) 8 hours in total
Section 47 - Activities that do not require a warrant
a) the enforcement officer
i) being lawfully in private premises and
ii) recording what they observe or hear without the use of a surveillance device
b) covert audio recording of a oral communication between 2 or or persons made with consent of at least 1
d) activities carried out by the enforcement officers use of surveillance device, if that use is authorised under any enactment
Section 51 - Criteria for issuing a SDW
a) Reasonable grounds
i) to suspect that the offence has, is or will be committed in respect of the Act or any enactment specified which authorises an enforcement officer to apply for a warrant to enter premises for the purpose of obtaining evidence about the offence
ii) to believe that the use of a SD will obtain information that is evidential material and
b) restrictions in Section 45 do not prevent the issuing of a SDW
What is classified as a serious offence where trespass surveillance is involved:
Punishable by 7 years imprisonment or more
Where trespass surveillance is involved the legislation restricts the use how?
A visual surveillance device to obtain evidential material for serious offences only
An interception device to obtain evidential material for serious offences or Arms Act.
4 things to consider with an OP for controlled delivery
- Find suitable location (friendlies)
- Camera OP requirements
- Whether you need an SDW
- Staff to occupy
Obstruction:
Wilfully obstructs, hinders, resists or deceives any person who is acting in the execution of any power pursuant to any act
90 second rule:
If offenders are moving inside a lab then the atmosphere will sustain life and can enter with PPE for 90 seconds
3 things that crown must prove for supply of equipment:
- Has supplied, produced or manufactured equipment, materials or precursors
- Items are capable of being used to produce or manufacture
- Defendant had intention for those items to be used either by himself or another
To prove possession of a drug the crown must prove that the defendant had:
- Knowledge that the drug exists
- Knowledge that it is a controlled drug
- Actual physical control or some degree of control of it
- An intention to possess it
What are the 3 offences for possession?
- Possession
- Joint possession
- Attempted possession
