New South Wales Consolidated Acts

SURVEILLANCE DEVICES ACT 2007 - SECT 21

21 What a surveillance device warrant authorises

(1) A surveillance device warrant may authorise, as specified in the warrant, any one or more of the following:

(a) the use of a surveillance device on or in specified premises or a vehicle,

(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 geographical location of a specified person or a person whose identity is unknown,

(d) the use of a surveillance device on or about the body of a specified person.

(2) A surveillance device warrant authorises:

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

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

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

(b) for a warrant of a kind referred to in subsection (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 or into any premises or vehicle where the object, or an object of the specified class, is reasonably believed to be or is likely to be, or other premises adjoining or providing access to those premises or the vehicle, for any of the purposes referred to in subparagraph (i) or subsection (3), and

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

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

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

(d) for a warrant of a kind referred to in subsection (1) (d)-the use of the surveillance device of the kind specified in the warrant on or about the body of the person specified in the warrant.

(3) Each warrant also authorises:

(a) the retrieval of the surveillance device, and

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

(c) the use of an assumed identity for the purpose of the installation, use, maintenance or retrieval of the surveillance device or enhancement equipment, and

(d) the disconnection of, or otherwise making inoperative, any security system for the purpose of the installation, maintenance or retrieval of the surveillance device or enhancement equipment, and

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

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

(g) the connection of the device or enhancement equipment to an electricity supply system and the use of electricity from that system to operate the surveillance device or enhancement equipment, and

(h) the connection of the device or equipment to a telecommunications system or network and the use of that system or network in connection with the operation of the surveillance device or enhancement equipment, and

(i) the provision of assistance or technical expertise to the law enforcement officer named in the warrant in the installation, use, maintenance or retrieval of the surveillance device or enhancement equipment under the warrant.

(4) If a surveillance device remains on or in premises or a vehicle after the expiry of the surveillance device warrant authorising its installation, use and maintenance, the warrant is taken also to authorise, for the period of 10 days after that expiry, any action to be taken in respect of the retrieval of the device that would be authorised if the surveillance device warrant were a retrieval warrant.

Note: Section 29 specifies the action that is authorised to be taken by a retrieval warrant. If a surveillance device remains on or in premises or vehicle for more than 10 days after its expiry, a retrieval warrant must be obtained under Division 3 to authorise retrieval of the device and any enhancement equipment in relation to it.

(5) 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.

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

(7) This section applies to a warrant subject to any conditions specified in the warrant.

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