Surveillance Devices Act 2007

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

(a) the use of a surveillance device on a stated place;

(b) the use of a surveillance device on a stated thing or class of thing;

(c) the use of a surveillance device for the activities, conversations or geographical location of a stated person or a person whose identity is unknown.

(2) A surveillance device warrant authorises:

(a) for a warrant of a kind mentioned in subsection (1)(a):

(i) the installation, use and maintenance of a surveillance device of the kind stated in the warrant on the stated place; and

(ii) the entry, by force if necessary, onto the place, or other stated place adjoining or providing access to the place, for any of the purposes mentioned in subparagraph (i) or subsection (3); or

(b) for a warrant of a kind mentioned in subsection (1)(b):

(i) the installation, use and maintenance of a surveillance device of the kind stated in the warrant on the stated thing or a thing of the stated class; and

(ii) the entry, by force if necessary, onto any place where the thing, or a thing of the class, is reasonably believed to be or is likely to be, or other place adjoining or providing access to that place, for any of the purposes mentioned in subparagraph (i) or subsection (3);

or

(c) for a warrant of a kind mentioned in subsection (1)(c):

(i) the installation, use and maintenance of a surveillance device of the kind stated in the warrant on a place where the person is reasonably believed to be or likely to be; and

(ii) the entry, by force if necessary, onto the place, or other place adjoining or providing access to that place, for any of the purposes mentioned in subparagraph (i) or subsection (3).

(3) A surveillance device warrant also authorises:

(a) the retrieval of the surveillance device; and

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

(c) the temporary removal of a thing from a place for the purpose of the installation, maintenance or retrieval of the device or equipment and the return of the thing to the place; and

(d) the breaking open of anything for the installation, maintenance or retrieval of the device or equipment; and

(e) the connection of the device or equipment to an electricity supply system and the use of electricity from that system to operate the device or equipment; and

(f) the connection of the device or equipment to a phone or other system that may be used to transmit information in any form and the use of the system in relation to the operation of the device or equipment; and

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

(4) 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.

(5) The authority conferred under a warrant issued to a law enforcement officer may be exercised by a law enforcement officer acting in the performance of the officer's duty.

(5A) The authority conferred under a warrant issued to an ICAC officer may be exercised by an ICAC officer acting in the performance of the officer's duty.

(6) In addition, the authority conferred under a warrant for the use of a surveillance device may be exercised by an authorised person acting in the performance of the authorised person's duty.

(7) This section applies to a warrant subject to any conditions stated in the warrant.

(8) A surveillance device warrant may authorise the installation or use of a surveillance device outside this jurisdiction only if the offence for which it is sought is a relevant offence.

(9) This section does not authorise the doing of anything for which a warrant would be required under the Telecommunications (Interception and

Access) Act 1979 (Cth).