Commonwealth Consolidated Acts Commonwealth Consolidated ActsAuthorisation in warrant--particular person
(1) If a surveillance device warrant is issued in relation to a particular person, the warrant authorises the following:
(a) the installation, use and maintenance of a surveillance device of the kind specified in the warrant to:
(i) listen to, record, observe or monitor the words, sounds or signals communicated to or by the person, or the activities of the person; or
(ii) track the person;
(b) the installation, use and maintenance of a surveillance device of the kind specified in the warrant:
(i) in or on premises where the person is reasonably believed to be or likely to be; or
(ii) in or on any other premises specified in the warrant from which the activities of that person, or the words, sounds or signals communicated by or to that person, can be listened to, recorded, observed or monitored;
(c) entering the premises referred to in paragraph (b) for any of the purposes referred to in paragraph (a) or (b) or in subsection (4) or (5);
(d) the installation, use and maintenance of a surveillance device of the kind specified in the warrant in or on any object used or worn, or likely to be used or worn, by the person;
(e) the entry into or onto, or the alteration of, the object referred to in paragraph (d);
(f) entering any premises in which the object referred to in paragraph (d) is or is likely to be found, for any of the purposes referred to in that paragraph or in subsection (4) or (5);
(g) entering any other premises, for the purposes of gaining entry to or exiting premises referred in to paragraph (b) or (f);
(h) any other thing reasonably incidental to any of the above.
Authorisation in warrant--particular premises
(2) If a surveillance device warrant is issued in relation to particular premises (the subject premises ), the warrant authorises the following:
(a) the installation, use and maintenance of a surveillance device of the kind specified in the warrant:
(i) in or on the subject premises; or
(ii) in or on any other premises specified in the warrant from which the activities of a person, or the words, sounds or signals communicated by or to a person, can be listened to, recorded, observed or monitored while the person is in or on the subject premises;
(b) entering the subject premises, or any other premises specified in the warrant, for any of the purposes referred to in paragraph (a) or subsection (4) or (5);
(c) entering any other premises, for the purposes of gaining entry to or exiting the subject premises or any other premises specified in the warrant;
(d) any other thing reasonably incidental to any of the above.
Authorisation in warrant--object or class of object
(3) If a surveillance device warrant is issued in relation to an object, or class of object, the warrant authorises the following:
(a) 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;
(b) the entry into or onto, or alteration of, the specified object, or an object of the specified class;
(c) entering any premises where the object, or an object of the class, is reasonably believed to be or is likely to be for any of the purposes referred to in paragraph (a) or (b) or subsection (4) or (5);
(d) entering any other premises, for the purposes of gaining entry to or exiting premises referred to in paragraph (c);
(e) any other thing reasonably incidental to any of the above.
Authorisation in warrant--general
(4) A surveillance device warrant also authorises the following:
(a) the installation, use and maintenance of enhancement equipment in relation to the surveillance device;
(b) the temporary removal of an object from premises for the installation or maintenance of the surveillance device or enhancement equipment and the return of the object to the premises;
(c) the replacement of an object with an equivalent object for the purposes of the installation or maintenance of the surveillance device or enhancement equipment;
(d) the breaking open of any thing for the installation or maintenance of the surveillance device or enhancement equipment;
(e) the connection of the surveillance device or enhancement equipment to any source of electricity and the use of electricity from that source to operate the device or equipment;
(f) the connection of the surveillance device or enhancement 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 device or equipment;
(g) the doing of any thing reasonably necessary to conceal the fact that any thing has been done under the warrant;
(h) any other thing reasonably incidental to any of the above.
Recovery of surveillance devices
(5) If a surveillance device is installed or used under a surveillance device warrant, the Organisation is authorised to do any of the following:
(a) recover the surveillance device or any enhancement equipment in relation to the device;
(b) enter any premises where the surveillance device is reasonably believed to be, for the purpose of recovering the device or the equipment;
(c) enter any other premises for the purposes of gaining entry to or exiting the premises referred to in paragraph (b);
(d) enter into or onto, or alter, an object for the purpose of recovering the device or the equipment;
(e) replace an object with an equivalent object for the purposes of recovering the device or the equipment;
(f) break open any thing for the purpose of recovering the device or the equipment;
(g) if the device or equipment is installed in or on an object--temporarily remove the object from any place where it is situated for the purpose of recovering the device or the equipment and returning the object to that place;
(h) use a nominal amount of electricity from any source to power the device or equipment;
(i) any thing reasonably necessary to conceal the fact that any thing has been done under this subsection;
(j) use any force against persons and things that is necessary and reasonable to do any of the above;
(k) any other thing reasonably incidental to any of the above;
at the following time:
(l) at any time while the warrant is in force or within 28 days after it ceases to be in force;
(m) if the surveillance device is not recovered at a time mentioned in paragraph (l)--at the earliest time, after the 28 days mentioned in that paragraph, at which it is reasonably practicable to do the things concerned.
(6) If, for the purposes of subsection (5):
(a) the surveillance device is not recovered while the warrant is in force; and
(b) the surveillance device is a tracking device;
the Organisation is also authorised to use the surveillance device or any enhancement equipment in relation to the device solely for the purposes of the location and recovery of the device or equipment.