LISTENING AND SURVEILLANCE DEVICES ACT 1972 - SECT 3
This legislation has been repealed.
LISTENING AND SURVEILLANCE DEVICES ACT 1972 - SECT 3
In this Act, unless the contrary intention appears—
"ACC" means the Australian Crime Commission;
"associated equipment", in relation to a listening device or surveillance
device, means equipment or things used for, or in connection with, the
operation of the device;
"chief officer" of an investigating agency means—
(a) in
the case of South Australia Police—the Commissioner of Police; or
(b) in
the case of the Independent Commissioner Against Corruption—the
Independent Commissioner Against Corruption; or
(c) in
the case of the ACC—the Chief Executive Officer of the ACC;
"declared listening device" means a listening device or a listening device of
a class or kind to which for the time being section 8
applies;
"investigating agency" means—
(a)
South Australia Police; or
(b) the
Independent Commissioner Against Corruption; or
(c) the
ACC;
"listening device" means—
(a) an
electronic or mechanical device capable of being used to listen to or record a
private conversation or words spoken to or by any person in private
conversation (whether or not the device is also capable of operating as a
surveillance device); and
(b)
associated equipment (if any),
but does not include a device being used to assist a person with impaired
hearing to hear sounds ordinarily audible to the human ear;
"member of the staff of the ACC" has the same meaning as in the
Australian Crime Commission Act 2002 of the Commonwealth;
"officer" of an investigating agency means—
(a) in
the case of South Australia Police—a police officer or a police officer
(however described) of another jurisdiction seconded to South Australia
Police; or
(b) in
the case of the Independent Commissioner Against Corruption—an
investigator under the Independent
Commissioner Against Corruption Act 2012 ; or
(c) in
the case of the ACC—a member of the Board of the ACC or a member of the
staff of the ACC who is a member of the Australian Federal Police or the
police force of a State or Territory of the Commonwealth;
"premises" includes any land or structure;
"private conversation" means any conversation carried on in circumstances that
may reasonably be taken to indicate that any party to the conversation desires
it to be confined to the parties to the conversation;
"publish" information or material includes display or deliver the information
or material to another;
"relevant investigation" means—
(a)
investigation of an offence (whether under the law of this State or the law of
the Commonwealth or another State or a Territory of the Commonwealth); or
(b)
investigation of alleged misbehaviour or improper conduct of a member of a
police force or an officer or employee of the State, the Commonwealth or
another State or a Territory of the Commonwealth;
"relevant proceeding" means any of the following proceedings (whether under
the law of this State or the law of the Commonwealth or another State or a
Territory of the Commonwealth):
(a) a
proceeding by way of a prosecution of an offence;
(b) a
proceeding by way of an application for bail;
(c) a
proceeding by way of an application for a warrant;
(d) a
proceeding for the confiscation or forfeiture of property or for the
imposition of a pecuniary penalty;
(e) a
proceeding for the taking of evidence on commission for use in criminal
proceedings originating in Australia;
(f) a
proceeding for the extradition of a person to or from Australia or a State or
Territory of the Commonwealth;
(g) a
police disciplinary proceeding;
(h) any
other proceeding relating to alleged misbehaviour, or alleged improper
conduct, of a police officer (however described), or an officer or employee,
of the State, the Commonwealth or another State or a Territory of the
Commonwealth;
"review agency" for an investigating agency means—
(a) for
South Australia Police—the reviewer under Schedule 4 of the Independent
Commissioner Against Corruption Act 2012 ; or
(b) for
the Independent Commissioner Against Corruption—a person who is
independent of the Commissioner and is appointed by the Governor as the review
agency;
"serious offence" means any of the following offences (whether under the law
of this State or the law of the Commonwealth or another State or a Territory
of the Commonwealth):
(a)
murder (or an offence equivalent to murder);
(b)
kidnapping (or an offence equivalent to kidnapping);
(c) an
offence involving a drug or substance of a kind regulated under Part 5 of the Controlled
Substances Act 1984 punishable by imprisonment for a period, or maximum
period, of at least 7 years;
(d) an
offence—
(i)
of attempting or conspiring to commit any of the offences
set out in paragraph (a)
, (b) or (c) ;
or
(ii)
of aiding, abetting, counselling or procuring any of the
offences set out in paragraph (a)
, (b) or (c) ;
or
(iii)
of being an accessory after the fact to any of the
offences set out in paragraph (a)
, (b) or (c) ;
"surveillance device" means a visual surveillance device or a tracking device;
"telephone" includes any telecommunication device;
"tracking device" means—
(a) an
electronic device capable of being used to determine the geographical location
of a person or thing; and
(b)
associated equipment (if any);
"vehicle" includes any vessel or aircraft;
"visual surveillance device" means—
(a) an
electronic or mechanical device capable of being used to observe or record
visually (whether for still or moving pictures) a person, place or activity;
and
(b)
associated equipment (if any).