Queensland Consolidated Acts

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 332

332 What a surveillance device warrant authorises

(1) A surveillance device warrant may authorise, as stated in the warrant, any 1 or more of the following—

(a) the use of a surveillance device on stated premises;

(b) the use of a surveillance device in or on a stated vehicle, object or class of vehicle or object;

(c) the use of a surveillance device in relation to the private conversations, activities or geographical location of a stated person or a person whose identity is unknown.

(2) A surveillance device warrant authorises—

(a) for a warrant of a kind mentioned in subsection (1) (a) —

(i) the installation, use and maintenance of a surveillance device of the kind stated in the warrant on the stated premises; and

(ii) the entry onto the stated premises, or other premises adjoining or providing access to the stated premises, for any of the purposes mentioned in subparagraph (i) or subsection (4) ; and

(b) for a warrant of a kind mentioned in subsection (1) (b) —

(i) the installation, use and maintenance of a surveillance device of the kind stated in the warrant in or on the stated vehicle or object, or a vehicle or object of the stated class; and

(ii) the entry onto any premises where the stated vehicle or object, or a vehicle or object of the stated class, is reasonably believed to be or is likely to be, or other premises adjoining or providing access to those premises, for any of the purposes mentioned in subparagraph (i) or subsection (4) ; and

(iii) the entry into the stated vehicle, a vehicle of the stated class, or a vehicle in which the stated object or an object of the stated class is reasonably believed to be or is likely to be, for any of the purposes mentioned in subparagraph (i) or subsection (4) ; and

(c) for a warrant of a kind mentioned in subsection (1) (c) —

(i) the installation, use and maintenance of a surveillance device of the kind stated in the warrant, on premises, or in or on a vehicle, where the person is reasonably believed to be or is likely to be; and

(ii) the entry onto the premises, or into the vehicle, mentioned in subparagraph (i) , or onto other premises adjoining or providing access to those premises or that vehicle, for any of the purposes mentioned in subparagraph (i) or subsection (4) .

(3) However, a surveillance device warrant of a kind mentioned in subsection (1) (a) does not authorise covert entry to a building on premises adjoining or providing access to the stated premises, unless the warrant specifically authorises the covert entry.

(4) A surveillance device warrant also authorises—

(a) the preparatory action reasonably necessary to facilitate the installation of the surveillance device, including, for example—

(i) inspecting and photographing the internal layout of premises; and

(ii) finding out whether or not there is a device on premises that could be used as a surveillance device and the location of the device; and

(iii) finding a way to connect to, or transmit from, a device on premises that could be used as a surveillance device; and

(b) the retrieval of the surveillance device; and

(c) the installation, use, maintenance and retrieval of any enhancement equipment in relation to the surveillance device; and

(d) the temporary removal of a vehicle or object from premises for the purpose of the installation, maintenance or retrieval of the surveillance device or enhancement equipment and the return of the vehicle or object to the premises; and

(e) the breaking open of any thing for the purpose of the installation, maintenance or retrieval of the surveillance device or enhancement equipment; and

(f) the connection of the surveillance device or enhancement equipment to an electricity supply system and the use of electricity from that system to operate the device or equipment; and

(g) the connection of the surveillance device or enhancement equipment to an object or system that may be used to transmit information in any form and the use of that object or system in relation to the operation of the device or equipment.

(5) A surveillance device warrant may authorise the doing of anything reasonably necessary to conceal the fact that anything has been done in relation to the installation, use, maintenance or retrieval of a surveillance device or enhancement equipment under the warrant.

(6) A law enforcement officer may use a surveillance device under a warrant only if the officer is acting in the performance of the officer’s duty.

(7) Subsections (2) and (4) apply to a warrant subject to any conditions stated in the warrant.