SURVEILLANCE DEVICES ACT 2004 - SECT 18 What a surveillance device warrant authorises

SURVEILLANCE DEVICES ACT 2004 - SECT 18

  (1)   A surveillance device warrant (subject to any conditions specified in it) may authorise one or more of the following:

  (a)   the use of a surveillance device on specified premises;

  (b)   the use of a surveillance device in or on a specified object or class of object;

  (c)   the use of a surveillance device in respect of the conversations, activities or location of a specified person or a person whose identity is unknown.

  (2)   A surveillance device warrant authorises:

  (a)   for a warrant of a kind referred to in paragraph   (1)(a):

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

  (ii)   the entry, by force if necessary, onto the premises, and onto other specified premises adjoining or providing access to the premises, for any of the purposes referred to in subparagraph   (i) or subsection   (3); and

  (b)   for a warrant of a kind referred to in paragraph   (1)(b):

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

  (ii)   the entry, by force if necessary, onto any premises where the object, or an object of the class, is reasonably believed to be or is likely to be, and onto other premises adjoining or providing access to those premises, for any of the purposes referred to in subparagraph   (i) or subsection   (3); and

  (c)   for a warrant of a kind referred to in paragraph   (1)(c):

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

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

  (3)   Each surveillance device warrant also authorises:

  (a)   the retrieval of the surveillance device; and

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

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

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

  (e)   the connection of the surveillance device or enhancement equipment to any source of electricity and the use of electricity from that source to operate the device or equipment; and

  (f)   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 device or equipment; and

  (g)   the provision of assistance or technical expertise to the law enforcement officer primarily responsible for the execution of the warrant in the installation, use, maintenance or retrieval of the surveillance device or enhancement 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)   A surveillance device warrant may authorise the interference with property of a person who is not the subject of the investigation in respect of which the warrant was issued but, if the interference would be on premises not specified in the warrant, only if the person issuing the warrant is satisfied that it is necessary to do so in order to give effect to the warrant.

  (6)   A law enforcement officer may use a surveillance device under a warrant only in the performance of his or her duty.

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