Search and surveillance act 2012

Question 1

Section 15

Answer 1

Suspect that an offence punishable by 14 yrs or over has been committed
Believe evidential material relating to the offence in in place, vehicle or thing and CADD
May enter and search

Question 2

Section 16

Answer 2

Search of person in Public place
Believe person in possession of evidential material relating to offence punishable by 14 years
May search

Question 3

Section 17

Answer 3

Enter and search vehicle in public place
Believe evidential material relating to offence punishable by 14 years is in or on vehicle
May enter and search

Question 4

Section 112

Answer 4

Items of uncertain status
When exercising a search power
May remove item for examination or analysis
To determine if it can be seized

Question 5

Section 117

Answer 5

If an application for SW is about to be made or not yet granted or refused
Believe evidential material may be CADD
May enter and secure place, vehicle or thing
Until
6 hours
SW available for execution
SW refused

Question 6

Section 123

Answer 6

Items in plain view
When exercising a search power, lawfully at a place or lawful search of person
May seize any item that you would have been able to had you had a SW

Question 7

Section 45

Answer 7

Can not undertake trespass surveillance expect to obtain evidential material relating to an offence punishable by 7 years or more or against certain sections of the arms act.

Question 8

Section 46

Answer 8

SDW required for
Interception device
Tracking device
Observations in private premises with visual surveillance
Surveillance device that involves trespass
Don’t need one if observations with visual surveillance does not exceed 3 hours in any 24 hour period or 8 hours in total.

Question 9

Section 47

Answer 9

Do not require a SDW if
Lawfully on place and recording what they Hera or see without assistance
Covert recording between two or more if one consents