Surveillance Part 2

Question 1

What 2 ingredients exist for any situation to be recognised as one of emergency or urgency

Answer 1

• Entitled to apply

You would be entitled to make an application for a surveillance device warrant

• Impracticable in the circumstances

You need to use the device urgently as it is not immediately practicable to obtain a SDW

Question 2

In what emergency circumstances can you conduct surveillance without a warrant? Section 48

Answer 2

• Suspected offence has, is or is about to be committed and
• Is punishable by 14 years or more imprisonment and
• Believe the use of the surveillance device would obtain EM to a:

Arms Act offence
Drug offence or

Situation likely to cause injury, loss or present risk to life

Question 3

Time limit for using Surveillance Device without a warrant:

Answer 3

Not exceeding 48 hours

Question 4

Who can approve the use of an interception device without a warrant?

Answer 4

Detective Inspector unless:

• The immediacy of the situation does not allow and
• Statutory criteria is met and
• An opportunity arises to obtain evidential material that would otherwise be lost

Question 5

Requirement to report use of warrantless surveillance powers:

Answer 5

Notification must be made to a Judge within 1 month

Question 6

Maximum length of an SDW?

Answer 6

60 days

Question 7

Section 46 (a) Activities for which a SDW required

Answer 7

Use of an interception device to intercept private communications

Question 8

Section 46 (d) Activities for which a SDW is required

Answer 8

Use of a surveillance device that involves trespass on private property