S&S

Question 1

S45

Answer 1

You may:

Undertake tresspass surveillance and / or
Use an interception device

If:
Obtaining evidential material in relation to an offence:

Punishable by 7 years + or

Against Arms Act

Question 2

S46
Warrant not required
(Subject to Sec.45)

Answer 2

Warrant not required:

Observe private activity without the use of surveillance device from public areas

Observe private activity in the curtilage of private premises by means of a surveillance device for a period not exceeding
3hrs in 24hr period or
8hrs in total

Question 3

Sec 47

Warrant not required

Answer 3

When you are lawfully in private premises, and recording without the use of surveillance device

Conducting an audio recording of a voluntary oral communication between 2+ people made with the consent of at least 1 of them

Question 4

Sec 48

Answer 4

When the urgency makes it impractical to obtain a warrant an officer may use a surveillance device without warrant for up to 48 hours

(Subject to S45)

Question 5

Surveillance Device

Answer 5

1. Interveption device (communication)
2. Tracking device
3. Visual surveillance device

Question 6

Visual Surveillance Device

Answer 6

Any device that is used or capable of being used to observe / record a private activity

Does not include specs/contacts etc used to correct subnormal vision of the user to no better than normal vision

Question 7

Curtilage

Answer 7

The land immediately surrounding a house / dwelling & closely associated buildings / structures

Excludes open fields and beyond

The boundary within which a home owner can have reasonable expectation of privacy

Question 8

Private activity

Answer 8

Activity that in the circumstances, any 1 or more of the participants in it ought reasonably to expect is observed/ recorded by no one except the participants

Question 9

Bill of Rights Act 1990

Sec 21

Answer 9

Everyone has the right to be secure against unreasonable search or seizure, whether of the person, property or correspondence or otherwise