Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Division, unless the contrary intention appears:
"authorising officer" means:
(a) the Director - General; or
(b) an ASIO employee, or an ASIO affiliate, who holds, or is acting in, a position in the Organisation that is equivalent to or higher than a position occupied by an SES employee.
"carrier" means:
(a) a carrier within the meaning of the Telecommunications Act 1997 ; or
(b) a carriage service provider within the meaning of that Act.
"communicate" includes cause to be communicated.
"communication in transit" means a communication (within the meaning of the Telecommunications Act 1997 ) passing over a telecommunications network (within the meaning of that Act).
"data" includes information, a computer program or part of a computer program.
"device" includes instrument, apparatus, equipment and any other thing (whether tangible or intangible).
"enhancement equipment" , in relation to a surveillance device, means equipment capable of enhancing a signal, image or other information obtained by the use of the surveillance device.
"examination" includes any act or process for the purpose of producing sounds, images or information from a record, and examine has a corresponding meaning.
"identified person warrant" means a warrant issued under section 27C.
"install" includes attach and apply.
"internal authorisation" means an authorisation given under section 26G.
"listening device" means any device capable of being used, whether alone or in conjunction with any other device, to overhear, record, monitor or listen to sounds, signals or a conversation, or words spoken to or by any person in conversation, but does not include a hearing aid or similar device used by a person with impaired hearing to overcome that impairment and permit that person to hear only sounds ordinarily audible to the human ear.
"maintain" , in relation to a surveillance device, includes adjust, improve, relocate, repair, service and replace the device.
"object" means:
(a) a vehicle, aircraft, vessel or other means of transportation; or
(b) clothing or any other thing worn; or
(c) any other thing.
"optical surveillance device" means any device capable of being used, whether alone or in conjunction with any other device, to record visually or observe an activity, but does not include spectacles, contact lenses or a similar device used by a person with impaired sight to overcome that impairment.
"prejudicial activities" of a person means activities prejudicial to security that the person is engaged in, or is reasonably suspected by the Director - General of being engaged in, or of being likely to engage in.
"premises" includes any land, place, vehicle, vessel or aircraft.
"record" when used as a noun, means:
(a) a document (including any written or printed material); or
(b) an object (including a sound recording, magnetic tape or disc, microform, photograph or film) by which words, images, sounds or signals are recorded or stored or from which information can be obtained.
"signals" includes electromagnetic emissions.
"surveillance device" means:
(a) a listening device, an optical surveillance device or a tracking device; or
(b) a device that is a combination of any 2 or more of the devices referred to in paragraph (a) or (c); or
(c) a device of a kind prescribed by regulation for the purposes of this paragraph.
"surveillance device warrant" means a warrant issued under section 26.
"telecommunications facility" means a facility within the meaning of section 7 of the Telecommunications Act 1997 .
"track" a person or an object means determine or monitor:
(a) the location of the person or object; or
(b) the status of the object.
"tracking device" means any device capable of being used (whether alone or in conjunction with any other device) to track a person or an object.
"use" of a surveillance device includes use of the device:
(a) to listen to, record, observe or monitor the words, sounds or signals communicated to or by a person, or the activities of a person; or
(b) to track an object or person.