SURVEILLANCE

Question 1

A surveillance device is

Answer 1

• A visual surveillance device
• A Tracking device
• An Interception device

Question 2

A Private communication is

Answer 2

A communication in written form, oral, or in a form of telecommunication that both party’s in the communication would desire the communication to be confined between them.

Question 3

What is a surveillance

Answer 3

A planned and directed activity either by open or convert for the purpose of:
• Observing and recording of people vehicle or things
• Tracking the location of a thing or a person or determine if something has been interfered or tampered with
• Intercepting private communication

Question 4

What is Section 46

Answer 4

A surveillance device warrant is required when using a surveillance device for observing or recording private activity in a private premises.

Question 5

What is Private activity

Answer 5

A participant in an activity can reasonably expect the activity is, if it is carried out in a private premises.
Consider the following to be private?
• Sleeping in a hotel
• Planting in your backyard
• Trying on clothes in the changing rooms

Question 6

What is Private communication

Answer 6

means communication in written form, oral, or in a form of telecommunication that both party’s in the communication would desire the communication to be confined between them.

Question 7

Trespass surveillance is

Answer 7

Surveillance that involves an enforcement officer steps onto private property without consent for the purpose.

Question 8

What are the restrictions on the use of surveillance devices

Answer 8

• A visual surveillance device: for trespass surveillance would only be authorised for obtaining evidential material for serious offences
• An interception device: Whether or not trespass surveillance occurs is restricted to obtaining evidential material to serious offences –
• An offence punishable by a term of 7 years or more

Question 9

Curtilage is

Answer 9

The boundary within which a home owner can have a reasonable expectation of privacy and where ‘common daily activities’ take place.

Question 10

What are the limitations under Section 46

Answer 10

Observation of private activity in the curtilage of a private premises by means of a visual surveillance device for a period that does not exceed:
• 3hrs in any 24hr period, or
• 8hrs in total

Question 11

What is an Interception relation to surveillance

Answer 11

To intercept a private communication which is taking place or while is transit

Question 12

An interception device is

Answer 12

Any electronic or mechanical device used to incept or record private communication.

Question 13

What are the limitations for using an interception device

Answer 13

• An offence punishable by 7 year term of imprisonment
• Specified offences against the Arms Act.
• Offences Identified against psychoactive substances

Question 14

What is a Voluntary oral communication

Answer 14

Is a communication between one or more person and at least one of them has given consent for the communication to be recorded.

Question 15

A tracking device is

Answer 15

An electronic device or other means or both used to ascertain evidential material for an investigation of any offence punishable by imprisonment:

Question 16

A tracking device is used for gathering what information

Answer 16

• The location of a thing or person
• Whether a thing has been opened , tampered with, or in some other way dealt with; BUT
• Does not include a vehicle or any other means of transport