Surveillance Devices Regulations 1999

A warrant issued under section 13, 14, 17, 19 or 22 of the Act is to be in the form of Form 1 in Schedule 1, or such other form as the judge or magistrate approves.

An application for emergency authorisation under section 21 of the Act is to be in the form of Form 2 in Schedule 1, or such other form as the Commissioner of Police approves.

An emergency authorisation issued under section 21 of the Act is to be in the form of Form 3 in Schedule 1, or such other form as the authorised person issuing the authorisation approves.

An application to a magistrate for a tracking device warrant or a tracking device (maintenance/retrieval) warrant is to be in the form of Form 4 in Schedule 1, or such other form as the Commissioner of Police approves.

conservation and land management officers (as defined in the Conservation and Land Management Act 1984 section 3);

forest officers (as defined in the Conservation and Land Management Act 1984 section 3);

rangers (as defined in the Conservation and Land Management Act 1984 section 3);

wildlife officers (as defined in the Conservation and Land Management Act 1984 section 3);

inspectors (as defined in the Environmental Protection Act 1986 section 3(1)) who are officers or employees of a department, authority or agency of the State;

fisheries officers (as defined in the Fish Resources Management Act 1994 section 4(1)) who are employed in the Serious Offences Unit of the Department as defined in section 4(1) of that Act).

Australian Security Intelligence Organization continued by section 6 of the Australian Security Intelligence Organization Act 1979 of the Commonwealth; and

Australian Federal Police established by section 6 of the Australian Federal Police Act 1979 of the Commonwealth; and

Australian Competition and Consumer Commission established by section 6A of the Trade Practices Act 1974 of the Commonwealth; and

the department of the Commonwealth public service responsible for administering the Migration Act 1958 of the Commonwealth; and

each of the armed forces of the Commonwealth.

For the purposes of section 7(2)(d) of the Act the following circumstances are prescribed, that is, where a tracking device is attached, installed, used or maintained, or caused to be attached, installed, used or maintained —

by an emergency service to locate the person who is, or object that is, the subject of a search operation;

by the person in charge of a hospital or nursing home in relation to a vulnerable patient to enable the person in charge to locate the vulnerable patient if he or she gets lost or goes missing;

by the superintendent of a prison in relation to a prisoner to enable the superintendent to locate the prisoner if he or she escapes from legal custody;

by a researcher in relation to an object the geographical location of which is relevant to research being carried out by that person;

by a public authority authorised under a written law to monitor traffic on a road as defined in the Main Roads Act 1930 section 6;

by a police officer or police employee, in a Border Search Area, to identify devices that emit radio waves, for the purpose of monitoring patterns of movement or behaviour that indicate criminal activity;

for the purposes of any of the following —

Bail Act 1982 section 50L(1)(a) or Schedule 1 Part D clause 3(4);

Criminal Law (Mental Impairment) Act 2023 section 55(3)(e), 78(5)(e) or 86(1)(b);

Emergency Management Act 2005 section 70A(2) or (4);

High Risk Serious Offenders Act 2020 section 31(3);

Sentence Administration Act 2003 section 30(c) or (e)(i), 57(2)(a) or 74G(c), (d) or (e);

Sentencing Act 1995 section 33H(2)(b), 75(2)(b), 76A(2), 84C(2)(b) or 84CA(2);

Young Offenders Act 1994 section 109B(1)(a) or 136B(1)(a).

For the purposes of subregulation (1)(db), the Commissioner of Police may designate in writing an employee, or a class of employee, of the department principally assisting the Minister in the administration of the Act.

For the purposes of section 7(2)(d) of the Act the following circumstance is prescribed — where a person uses, or causes to be used, a tracking device in relation to an object that —

was in the person’s possession or under the person’s control when the device was attached or installed; and

is no longer in the person’s possession or under the person’s control; and

the person reasonably believes to have been stolen.

As soon as practicable after a tracking device is attached, installed or used in relation to a vulnerable patient in circumstances described in subregulation (1)(b) the person in charge of the hospital or nursing home must give written notice of the attachment, installation or use to —

if a guardian has been appointed for the patient under the Guardianship and Administration Act 1990, the guardian; or

otherwise —

the patient’s next of kin; or

if the patient’s next of kin is not known, the Public Advocate under the Guardianship and Administration Act 1990.

In this regulation —

the police force of the State or of another State or a Territory; or

the department of the Public Service principally assisting in the administration of the Fire and Emergency Services Act 1998 or an equivalent department, authority or agency of another State or a Territory; or

a voluntary or community rescue organisation; or

the Australian Maritime Safety Authority established under the Australian Maritime Safety Authority Act 1990 (Commonwealth) section 5;

a member of the staff of, or a student at, a school, college, university or other educational or training institution; or

a member of the staff of, or person working for, a government agency, instrumentality or body;

is likely, due to illness, lack of awareness or other incapacity, to leave the hospital or nursing home without having due regard to his or her health and safety; or

being under a legal obligation to remain in the hospital or nursing home, is likely to attempt to leave; or

is likely to be taken away from the hospital or nursing home without the consent of the patient or the person in charge.

The Commissioner of Police, the Corruption and Crime Commission, a designated Commission and the Australian Crime Commission must —

keep every Part 5 record in a secure place in accordance with section 41(1)(a) of the Act as if it were a record obtained under a warrant; and

destroy a Part 5 record when it would be required to do so under section 41(1)(b) of the Act if the Part 5 record were a record obtained under a warrant.

The Commissioner of Police, the Corruption and Crime Commission, a designated Commission and the Australian Crime Commission must keep such records concerning Part 5 records as are necessary to enable documents and information to be identified and obligations under this Act to be complied with.

In this regulation —

The information relating to applications for warrants and extensions of warrants required by section 43 of the Act to be contained in an annual report is to include the number of such applications that were —

withdrawn; and

made by the applicant on behalf of another law enforcement officer; and

made by means other than filing a written application at the court.

The information relating to applications for emergency authorisations required by section 43 of the Act to be contained in an annual report is to include the number of such applications that were withdrawn.

A person who is unlawfully in possession of surveillance information commits an offence.

It is lawful for a person to be in possession of surveillance information only if —

the person is a law enforcement officer and has possession of the surveillance information in the course of his or her duty; or

the person is assisting a law enforcement officer in the exercise of the officer’s duty and has possession of the surveillance information in the course of providing that assistance; or

the surveillance information was obtained in accordance with Part 5 of the Act; or

the surveillance information was obtained by the person —

from a person who was lawfully in possession of that information; and

in circumstances where the publication or communication of the surveillance information to the person was not an offence under section 9 of the Act.

In this regulation —