S & S Act 2012 Flashcards
Use of surveillance device without warrant in emergency situations.
- punishable by 14 years imprisonment or more
- Arms Act 1983 offence
- drug offence
- likely to cause injury or serious property loss or damage & surveillance necessary to prevent offending from being committed or continuing
- preventing risk to life & safety & surveillance necessary as an emergency response
Sec 47 S & S Act 2012
Activities that do not require a surveillance device warrant
(a) the enforcement officer-
(i) being lawfully in private premises; &
(ii) recording what he observes/hears (without use of surveillance device)
(b) covert audio recording of voluntary oral communication between 2 or more persons made with consent of at least 1 of them
(d) activities by officer’s use of a surveillance device if authorised under any enactment other than this Act
What is the one exception to the requirement to obtain a surveillance device warrant for use of an interception device
A covert audio recording of a voluntary oral communication between 2 or more persons made with consent of at least 1 of them
A surveillance device is any 1 or more of the following kinds of devices
(a) interception device
(b) tracking device
(c) visual surveillance device
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
Visual Surveillance 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 observe, or to observe & 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
Tracking Device
(a) means a device that may be used to help ascertain, by electronic or other means, either 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
Private Communication
(a) means a communication (whether oral or in 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 communication may be intercepted by some other person without having the express or implied consent of any party to do so
What is trespass surveillance
Unauthorised entry onto private land, or unauthorised handling of goods, unless authorised by a surveillance device warrant.
Sec 46 S & S Act 2012
Activities that do require a surveillance device warrant
(a) use of an interception device to intercept a private communication;
(b) use of a tracking device, except where installed to ascertain if thing opened, tampered with & installation does not involve trespass to land or goods;
(c) observation of private activity in private premises, & any recording of that observation by visual surveillance device;
(d) use of surveillance device that involves trespass to land or trespass to goods;
(e) observation of private activity in the curtilage of private premises & any recording of that observation by means of a visual surveillance device & duration of the observation for a single or connected investigation/s exceeds -
(i) 3 hours in any 24 hour period; or
(ii) 8 hours in total
What is a serious offence in relation to trespass surveillance
An offence punishable by 7 years or more imprisonment
