Search And Surveillance

Question 1

Section 45

Trespass surveillance and interception device restrictions

Answer 1

Only when obtaining evidential material in relation to an offence:
- Punishable by a term of imprisonment of 7 years or more, or
- Against section 44, 45, 50, 51, 54, or 55 of the Arms Act 1983.

Question 2

Section 46(1)

Activities requiring SDW

Answer 2

a) Use of an interception device to intercept private communication
b) tracking device EXCEPT solely to see if thing opened/tampered AND NIL trespass of land/goods
c) observe/record private activity on private property using Visual SD
d) Use of a surveillance device involving trespass of land/goods
e) observe/record private activity in curtilage of private property IF any use of Visual SD AND exceeding 3 hours a day or 8 hours total

Question 3

Section 47

Activities NOT
requiring SDW

Answer 3

(1)(a) Lawfully on a premise can record what see/hear without SDW

(1)(b) Covert audio record voluntary comms b/w 2 people if 1 consents

Cops cannot setup offender, or get volunteer be an agent of the state.

Question 4

Section 48

Emergency situations without SDW for up to 48 hours (then SDW)

Answer 4

(1)(a) entitled to get an SDW, but
(1)(b) impracticable circumstances

(2)(a) - 14+ year offence, RGTB EM
(2)(b) - s14, RGTB avert emergency
(2)(c) - s18(2), RGTB seize arms
(2)(d) - cat3/4 arms act, RGTB EM
(2)(e) - serious MODA, RGTB EM
(2)(f) - s81 thing, RGTB seize thing