S46

Question 1

S46 SSA12

Answer 1

(1)Except as provided in sections 47 and 48, an enforcement officer who wishes to undertake any 1 or more of the following activities must obtain a surveillance device warrant:
(a)use of an interception device to intercept a private communication:
(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:
(c)observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device:
(d)use of a surveillance device that involves trespass to land or trespass to goods:
(e)observation of private activity in the curtilage of private premises, and any recording of that observation, if any part of the observation or recording is by means of a visual surveillance device, and the duration of the observation, for the purposes of a single investigation, or a connected series of investigations, exceeds—
(i)3 hours in any 24-hour period; or
(ii)8 hours in total.
(2)
This section is subject to section 45.