POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 325 Relationship to other laws and matters

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 325

325 Relationship to other laws and matters

(1) This chapter is not intended to affect any other law of this jurisdiction that prohibits or regulates the use of surveillance devices entirely within this jurisdiction.

(2) To remove doubt, it is declared that it is intended that a warrant may be issued, or an emergency authorisation given, in this jurisdiction under this chapter for the installation, use, maintenance or retrieval of a surveillance device and any related enhancement equipment in this jurisdiction or a participating jurisdiction or both.

(3) However, a tracking device authorisation may authorise the installation, use, maintenance or retrieval of a tracking device and related enhancement equipment in this jurisdiction only.

(4) A function conferred under this chapter in relation to the activities of the CCC is only conferred for the purpose of a function conferred on the CCC under the Crime and Corruption Act 2001 relating to major crime as defined under that Act.

(5) A function or power conferred under this chapter in relation to the activities of the ACC is only conferred for the purpose of the function or power conferred on the ACC under the Australian Crime Commission (Queensland) Act 2003 relating to suspected serious and organised crime as defined under that Act.

(6) Also, nothing in this chapter authorises the doing of anything for which a warrant would be required under the Telecommunications (Interception and Access) Act 1979 (Cwlth) .

(7) This chapter does not stop a law enforcement officer from using an optical surveillance device in a place where the presence of the police officer is not an offence.

Examples—

1 The police officer may use an optical surveillance device to record activities in a public place or, with the occupier’s consent, install the device in a private place.

2 A police officer who is lawfully at a place may use binoculars or a telescope to monitor activities at a place the police officer is not lawfully entitled to enter.

(8) The Public Records Act does not apply to activities and records under this chapter.

(9) In this section—


"function" includes power.