Surveillance Devices Regulations 2008

For section 13(2)(d) of the Act, a person may install, use or maintain a tracking device in the following circumstances:

in accordance with the directions of the person in charge of an emergency or search and rescue operation to search for a person or thing during the operation;

in accordance with the directions of the person in charge of a hospital or nursing home (the manager) to monitor the location of a patient if:

the patient is under a legal obligation to stay in the hospital or nursing home and the manager reasonably believes the patient is likely to try to leave; or

the manager reasonably believes the patient is likely, because of illness, lack of awareness or other incapacity, to leave the hospital or nursing home without proper regard to his or her health or safety; or

if the manager reasonably believes the patient is likely to be unlawfully taken from the hospital or nursing home;

in accordance with the directions of the Commissioner of Correctional Services or person in charge of a custodial correctional facility, to monitor the activities and location of a prisoner in the facility;

in accordance with the directions of the Commissioner of Correctional Services or CEO (Youth Justice) to monitor the activities and location of a monitored offender to the extent that the offender is required by the monitoring requirement to submit to the monitoring;

in accordance with the directions of the Commissioner of Police to monitor the location of an accused person who has entered into a relevant conduct agreement;

to monitor the location of an animal or thing the subject of a research project.

In this regulation:

CEO (Youth Justice) means the Chief Executive Officer (as defined in section 19 of the Public Sector Employment and Management Act 1993) of the Agency responsible for youth justice.

custodial correctional facility, see section 11(1)(a) of the Correctional Services Act 2014.

monitored offender means a person subject to a monitoring requirement.

monitoring requirement means any of the following:

a community correction order or intensive community correction order made under the Sentencing Act 1995;

a suspended sentence of imprisonment imposed under section 40 of the Sentencing Act 1995;

a home detention order, community custody order or community based order made under the Sentencing Act 1995 as in force before the commencement of Part 2 of the Sentencing and Other Legislation Amendment Act 2022;

an order made under section 11 or 13 of the Sentencing Act 1995 as in force before the commencement of Part 2 of the Sentencing and Other Legislation Amendment Act 2022;

an alternative detention order under the Youth Justice Act 2005 that is subject to a condition mentioned in section 102(1)(b) of that Act;

a conduct agreement under the Bail Act 1982 that is subject to a condition mentioned in section 27A(1)(ia) or (ib) of that Act;

a parole order under the Parole Act 1971 that is subject to a condition mentioned in section 5A(3)(b) of that Act;

a supervision order under the Serious Sex Offenders Act 2013 if the supervisee is subject to a monitoring obligation as defined in section 64(2) of that Act;

a leave permit under Part 3.3 of the Correctional Services Act 2014.

relevant conduct agreement means a conduct agreement under the Bail Act 1982 containing a provision mentioned in section 27A(1)(iaa) or (iab) of that Act.