Surveillance Devices Regulations 1999

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.