Commonwealth Consolidated Acts

SURVEILLANCE DEVICES ACT 2004 - SECT 37

             (1)  A federal law enforcement officer acting in the course of his or her duties may, without warrant, use an optical surveillance device for any purpose:

                     (a)  if the officer belongs or is seconded to the Australian Federal Police--that is within the functions of the Australian Federal Police set out in section 8 of the Australian Federal Police Act 1979 ; or

                    (aa)  if the officer belongs or is seconded to the Australian Commission for Law Enforcement Integrity--that is within the functions of the Integrity Commissioner set out in section 15 of the Law Enforcement Integrity Commissioner Act 2006 ; or

                     (b)  if the officer belongs or is seconded to the Australian Crime Commission--that is within the functions of the Commission set out in section 7A of the Australian Crime Commission Act 2002 ;

if the use of that device does not involve:

                     (c)  entry onto premises without permission; or

                     (d)  interference without permission with any vehicle or thing.

             (2)  A State or Territory law enforcement officer acting in the course of his or her duties may, without warrant, use an optical surveillance device in the investigation of a relevant offence (other than a State offence that has a federal aspect) if the use of that device does not involve:

                     (a)  entry onto premises without permission; or

                     (b)  interference without permission with any vehicle or thing.

             (3)  A State or Territory law enforcement officer acting in the course of his or her duties may, without warrant, use an optical surveillance device in the location and safe recovery of a child to whom a recovery order relates if the use of that device does not involve:

                     (a)  a trespass on premises; or

                     (b)  interference without permission with any vehicle or thing.