Search and Surveillance Bill

  • enacted

Surveillance device warrants

42 Activities for which surveillance device warrant required
  • (1) Except as provided in sections 43 and 44, an enforcement officer who wishes to undertake any 1 or more of the following activities must obtain a surveillance device warrant:

    • (a) use of an interception device to intercept a private communication:

    • (b) use of a tracking device:

    • (b) use of a tracking device, except where a tracking device is installed solely for the purpose of ascertaining whether a thing has been opened, tampered with, or in some other way dealt with, and the installation of the device does not involve trespass to land or trespass to goods:

    • (c) observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device:

    • (ca) use of a surveillance device that involves trespass onto private property:

    • (ca) use of a surveillance device that involves trespass to land or trespass to goods:

    • (d) observation of private activity in the curtilage of private premises, and any recording of that observation, if any part of the observation or recording is by means of a visual surveillance device, and the duration of the observation, for the purposes of a single investigation, or a connected series of investigations, exceeds—

      • (i) 3 hours in any 24-hour period; or

      • (ii) 8 hours in total.

    (2) This section is subject to section 42AA.