Crimes (Surveillance Devices) Act 2010

A surveillance device warrant may authorise, as stated in the warrant, 1 or more of the following:

the use of a surveillance device on stated premises;

the use of a surveillance device in or on a stated object or class of objects;

the use of a surveillance device in relation to the conversations, activities or geographical location of a stated person or a person whose identity is unknown.

A surveillance device warrant authorises—

for a warrant mentioned in subsection (1) (a)—

the installation, use and maintenance of a surveillance device of the kind stated in the warrant on the stated premises; and

the entry, by force if necessary, onto the premises, or other stated premises adjoining or providing access to the premises, for a purpose mentioned in subparagraph (i) or subsection (3);

for a warrant mentioned in subsection (1) (b)—

the installation, use and maintenance of a surveillance device of the kind stated in the warrant in or on the stated object or an object of the stated class; and

the entry, by force if necessary, onto any premises where the object, or an object of the class, is believed on reasonable grounds to be or is likely to be, or other premises adjoining or providing access to those premises, for a purpose mentioned in subparagraph (i) or subsection (3);

for a warrant mentioned in subsection (1) (c)—

the installation, use and maintenance of a surveillance device of the kind stated in the warrant, on premises where the person is believed on reasonable grounds to be or likely to be; and

the entry, by force if necessary, onto the premises mentioned in subparagraph (i), or other premises adjoining or providing access to those premises, for a purpose mentioned in subparagraph (i) or subsection (3).

Each surveillance device warrant also authorises the following:

the retrieval of the surveillance device;

the installation, use, maintenance and retrieval of any enhancement equipment in relation to the surveillance device;

the temporary removal of an object or vehicle from premises for the purpose of the installation, maintenance or retrieval of the surveillance device or enhancement equipment and the return of the object or vehicle to the premises;

the breaking open of anything for the purpose of the installation, maintenance or retrieval of the surveillance device or enhancement equipment;

the connection of the surveillance device or enhancement equipment to an electricity supply system and the use of electricity from that system to operate the surveillance device or enhancement equipment;

the connection of the surveillance device or enhancement equipment to any object or system that may be used to transmit information in any form and the use of that object or system in connection with the operation of the surveillance device or enhancement equipment;

the provision of assistance or technical expertise to the law enforcement officer primarily responsible for executing the warrant in the installation, use, maintenance or retrieval of the surveillance device or enhancement equipment.

A surveillance device warrant may authorise the doing of anything reasonably necessary to conceal the fact that anything has been done in relation to the installation, use, maintenance or retrieval of a surveillance device or enhancement equipment under the warrant.

A law enforcement officer may use a surveillance device under a warrant only if the officer is acting in the performance of the officer’s duty.

This section applies to a surveillance device warrant subject to any conditions stated in the warrant.

Nothing in this section authorises the doing of anything for which a warrant would be required under the Telecommunications (Interception and Access) Act 1979 (Cwlth).