SURVEILLANCE DEVICES ACT 1999 - SECT 19 What a surveillance device warrant authorises

SURVEILLANCE DEVICES ACT 1999 - SECT 19

    (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 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 geographical 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 subsection (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, or other specified premises adjoining or providing access to the premises, for any of the purposes referred to in subparagraph (i) or subsection (3);

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

        (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 premises where the person is reasonably believed to be or likely to be; and

              (ii)     the entry, by force if necessary, onto the premises referred to in subparagraph (i), 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 any enhancement equipment in relation to the surveillance device; and

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

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

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

        (f)     the connection of the device or 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 surveillance device or enhancement equipment; and

S. 19(3)(g) amended by No. 3/2009 s. 16.

        (g)     the provision of assistance or technical expertise by any person (whether or not a law enforcement officer) to the law enforcement officer primarily responsible for executing 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 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.

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

    (7)     A surveillance device warrant cannot authorise the installation or use of a surveillance device outside this jurisdiction if—

        (a)     the application for the warrant is made by or on behalf of an authorised officer within the meaning of the Conservation, Forests and Lands Act 1987 ; or

        (b)     the offence in relation to which the warrant is issued is not a relevant offence.

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

S. 20 substituted by No. 26/2004 s. 9.