Key Definitions

Question 1

Evidential material

Answer 1

In relation to an offence of a suspected offence, means evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation of the offence

Question 2

Private communication

Answer 2

(a) means a communication (whether in oral or written form, or in the form of telecommunications, or otherwise) made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication
(b) does not include a communication of a kind occurring in circumstances in which any party to the communication ought reasonably to expect that the communication may be intercepted by some other person without having the express or implied consent of any party to do so

Question 3

Interception device

Answer 3

(a) means any electronic, mechanical, electromagnetic, optical, or electrooptical instrument, apparatus, equipment or other device that is used or is capable of being used to intercept or record a private communication (including a telecommunication); but
(b) does not include a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing

Question 4

Visual surveillance device

Answer 4

(a) means any electronic, mechanical, electromagnetic, optical, or electrooptical instrument, apparatus, equipment, or other device that is used or is capable of being used to observe, or to observe and record, a private activity; but
(b) does not include spectacles, contact lenses, or a similar device used to correct subnormal vision of the user to no better than normal vision

Question 5

List three types of surveillance devices

Answer 5

(a) an interception device
(b) a tracking device
(c) a visual surveillance device

Question 6

Tracking device

Answer 6

(a) means a device that may be used to help ascertain, by electronic or other means, either or both of the following
(i) the location of a thing or person
(ii) whether a thing has been opened, tampered with, or in some other way dealt with; but
(b) does not include a vehicle or other means of transport, such as a boat or helicopter

Question 7

Voluntary oral communication

Answer 7

A voluntary oral communication is a communication between one or more persons where at least one party in the communication gives their consent for the communication to be recorded. There is no requirement to obtain a surveillance device warrant to intercept and record a voluntary oral communication.

Question 8

Emergency means (hazardous substances and new organisms act)

Answer 8

(a) actual or imminent danger to human health or safety; or
(b) a danger to the environment or chattels so significant that immediate action is required to remove the danger -
Arising from a hazardous substances or new organism