Surveillance Devices

Question 1

Definition of

Private Activity

Answer 1

• Carried on in circumstances reasonably taken to indicate parties desire it to be only observed by them
• Does not include activity carried on:
• o/s a building
• where parties out to expect may be observed by someone else

Question 2

Definition of

Private Conversation

Answer 2

• Conversation that parties want it only to be heard by themselves
• Does not include conversation which parties ought to expect might be heard by someone else

Question 3

Outline the offence of

using OSD (Optical Surveillance Device)

Answer 3

Must not knowingly install, use or maintain an OSD

to record visually or observe private activity

to which person is not a party

w/o express or implied consent

Question 4

Outline the offence of

using LD (Listening Device)

Answer 4

Must not knowingly install, use or maintain an LD to

overhear, record, monitor or listen

to a private conversation

to which a person is not a party

w/o express or implied consent

Question 5

Outline the offence of

using TD (tracking device)

Answer 5

Must not knowingly install use or maintain an TD

To determine geographical location of

person or object

w/o express or implied consent of the person

having lawful possession or lawful control of the object