SURVEILLANCE DEVICES ACT 1998 - SECT 20

SURVEILLANCE DEVICES ACT 1998 - SECT 20

20 .         Emergency use of surveillance devices

                A member of the police force of the State, an officer of the Corruption and Crime Commission, an officer of a designated Commission or a member of the staff of the Australian Crime Commission may —

            (a)         install, use, or maintain, or cause to be installed, used, or maintained, a listening device to record, monitor, or listen to a private conversation to which that person is not a party;

            (b)         install, use, or maintain, or cause to be installed, used, or maintained, an optical surveillance device to record visually or observe a private activity to which that person is not a party;

            (c)         attach, install, use, or maintain, or cause to be attached, installed, used, or maintained, a tracking device to determine the geographical location of a person or object;

            (d)         retrieve, or cause to be retrieved, a surveillance device;

            (e)         enter, by force if necessary, into or onto specified premises, or other specified premises adjoining or providing access to the specified premises, for any of the purposes referred to in paragraphs (a) to (d);

            (f)         enter, by force if necessary, into or onto premises where a specified person is reasonably believed to be or likely to be, or other premises adjoining or providing access to those premises, for any of the purposes referred to in paragraphs (a) to (d);

            (g)         enter, by force if necessary, into or onto premises where a specified object is reasonably believed to be or likely to be, or other premises adjoining or providing access to those premises, for any of the purposes referred to in paragraphs (a) to (d);

            (h)         connect a surveillance device to an electricity supply system and use electricity from that system to operate the device; or

                  (i)         temporarily remove a vehicle from premises for the purpose of the attachment, installation, maintenance or retrieval of a tracking device and return the vehicle to those premises,

                if an authorised person authorises the member of the police force, the officer of the Corruption and Crime Commission, the officer of a designated Commission or the member of the staff of the Australian Crime Commission to take such action in accordance with an emergency authorisation issued under section 21.

        [Section 20 amended: No. 78 of 2003 s. 74; No. 74 of 2004 s. 72(3); No. 30 of 2006 s. 22.]