South Australian Current Acts South Australian Current Acts (1) In this Act,
unless the contrary intention appears—
"ACC" means the Australian Crime Commission;
"associated equipment", in relation to a surveillance device, means equipment
or things used for, or in connection with, the operation of the device;
"business day" means any day other than a Saturday, Sunday or public holiday;
"chief officer" of an investigating agency means—
(a) in
the case of SA Police—the Commissioner of Police; or
(b) in
the case of the Independent Commission Against Corruption—the
Independent Commissioner Against Corruption; or
(c) in
the case of the ACC—the Chief Executive Officer of the ACC; or
(d) in
the case of any other investigating agency—the person responsible under
the legislation establishing the agency for the control and management of the
agency;
"code name"—see subsection (2) and sections 19(3) and
21(3);
"corresponding emergency authority" means an authority in the nature of a
surveillance device (emergency) authority under this Act issued under a
corresponding law of a participating jurisdiction in relation to an offence
against the law of that jurisdiction corresponding to a serious offence;
"corresponding law" means a law of another jurisdiction declared by the
regulations to correspond to this Act;
"corresponding warrant" means a warrant in the nature of a
surveillance device warrant under this Act issued under a corresponding law of
a participating jurisdiction in relation to an offence against the law of that
jurisdiction corresponding to a serious offence;
"data surveillance device" means—
(a) a
program or device capable of being used to access, track, monitor or record
the input of information into, or the output of information from, a computer;
and
(b)
associated equipment (if any),
but does not include a device, or device of a class or kind, excluded from the
ambit of this definition by the regulations;
"declared surveillance device" means a surveillance device or a
surveillance device of a class or kind to which for the time being
section 36 applies;
"duplicate surveillance device (general) warrant"—see
section 18(2)(e);
"Independent Commission Against Corruption" means the
Independent Commission Against Corruption under the Independent Commission
Against Corruption Act 2012 ;
"Independent Commissioner Against Corruption" means the person holding or
acting in the office of the Independent Commissioner Against Corruption under
the Independent Commission Against Corruption Act 2012 ;
"investigating agency" means—
(a)
SA Police; or
(b) the
Independent Commission Against Corruption; or
(c) the
ACC; or
(d) an
enforcement agency within the meaning of the Telecommunications (Interception
and Access) Act 1979 of the Commonwealth (an
"enforcement agency"); or
(e) a
police force of a participating jurisdiction;
"judge" means a judge of the Supreme Court of South Australia;
"jurisdiction" means the Commonwealth or a State or Territory of the
Commonwealth;
"listening device" means—
(a) a
device capable of being used to listen to or record a private conversation or
words spoken to or by any person in private conversation (whether or not the
device is also capable of operating as some other kind of
surveillance device); and
(b)
associated equipment (if any),
but does not include—
(c) a
device being used to assist a person with impaired hearing to hear sounds
ordinarily audible to the human ear; or
(d) a
device, or device of a class or kind, excluded from the ambit of this
definition by the regulations;
"maintain", in relation to a surveillance device, includes—
(a)
adjust, relocate, repair or service the device; and
(b)
replace a faulty device;
"media organisation" means an organisation whose activities consist of or
include the collection, preparation for dissemination or dissemination of the
following material for the purpose of making it available to the public:
(a)
material having the character of news, current affairs, information or a
documentary;
(b)
material consisting of commentary or opinion on, or analysis of, news, current
affairs, information or a documentary;
"member of the staff of the ACC" has the same meaning as in the
Australian Crime Commission Act 2002 of the Commonwealth;
"officer of an investigating agency" or "officer" means—
(a) in
the case of SA Police—a police officer or a police officer (however
described) of another jurisdiction seconded to SA Police; or
(b) in
the case of the Independent Commissioner Against Corruption—an
investigator under the Independent Commission Against Corruption
Act 2012 ; or
(c) in
the case of the ACC—a member of the Board of the ACC or a
member of the staff of the ACC who is a member of the Australian Federal
Police or the police force of a State or Territory of the Commonwealth; or
(d) in
the case of a police force of a participating jurisdiction—a police
officer (however described) who is a member of that police force or a police
officer (however described) of another jurisdiction seconded to that police
force; or
(e) in
the case of an enforcement agency—a person authorised under the
Telecommunications (Interception and Access) Act 1979 of the Commonwealth
to apply for a warrant under that Act;
"optical surveillance device" means—
(a) a
device capable of being used to observe or record visually (whether for still
or moving pictures) a person, place or activity; and
(b)
associated equipment (if any),
but does not include—
(c)
spectacles, contact lenses or a similar device used by a person with impaired
vision to lessen or overcome that impairment; or
(d)
telescopes, binoculars or similar devices; or
(e) a
device, or device of a class or kind, excluded from the ambit of this
definition by the regulations;
"participating jurisdiction" means a jurisdiction in which a corresponding law
is in force;
"premises" includes—
(a)
land; and
(b) a
building; and
(c) a
part of a building; and
(d) any
place, whether built on or not,
whether in or outside this State;
"principal party", in relation to a private conversation, means a person by or
to whom words are spoken in the course of the conversation;
"private activity" means—
(a) an
activity carried on by only 1 person in circumstances that may reasonably be
taken to indicate that the person does not desire it to be observed by any
other person, but does not include—
(i)
an activity carried on in a public place; or
(ii)
an activity carried on or in premises or a vehicle if the
activity can be readily observed from a public place; or
(iii)
an activity carried on in any other circumstances in
which the person ought reasonably to expect that it may be observed by some
other person; or
(b) an
activity carried on by more than 1 person in circumstances that may reasonably
be taken to indicate that at least 1 party to the activity desires it to
be observed only by the other parties to the activity, but does not
include—
(i)
an activity carried on in a public place; or
(ii)
an activity carried on or in premises or a vehicle if the
activity can be readily observed from a public place; or
(iii)
an activity carried on in any other circumstances in
which a party to the activity ought reasonably to expect that it may be
observed by a person who is not a party to the activity;
"private conversation" means a conversation carried on in circumstances that
may reasonably be taken to indicate that at least 1 party to the
conversation desires it to be heard only by the other parties to the
conversation (but does not include a conversation made in circumstances in
which all parties to the conversation ought reasonably to expect that it may
be heard by a person who is not a party to the conversation);
"public place" includes—
(a) a
place to which free access is permitted to the public, with the express or
tacit consent of the owner or occupier of that place; and
(b) a
place to which the public are admitted on payment of money, the test of
admittance being the payment of money only; and
(c) a
road, street, footway, court, alley or thoroughfare which the public are
allowed to use, even though that road, street, footway, court, alley or
thoroughfare is on private property;
"relevant investigation" means any of the following investigations:
(a) an
investigation of an offence (whether under the law of this State or another
jurisdiction);
(b) an
investigation for the purposes of the Serious and Organised Crime (Control)
Act 2008 ;
(c) an
investigation for the purposes of the Serious and Organised Crime
(Unexplained Wealth) Act 2009 ;
(d) an
investigation for the purposes of a proceeding for the confiscation or
forfeiture of property or for the imposition of a pecuniary penalty;
(e) an
investigation of alleged misbehaviour or improper conduct of a member of a
police force or an officer or employee of the State or another jurisdiction;
"relevant action or proceeding" means any of the following actions or
proceedings (whether under the law of this State or another jurisdiction):
(a) a
prosecution of an offence;
(b) an
application for bail;
(c) an
application for a warrant or authority under this Act or any other Act or law;
(d) the
making, variation or revocation of a public safety order under the
Serious and Organised Crime (Control) Act 2008 ;
(e) an
application for a declaration or order under the Serious and Organised Crime
(Control) Act 2008 (or an Act of another jurisdiction prescribed for the
purposes of this paragraph);
(f) the
giving of an authorisation by the DPP under the Serious and Organised Crime
(Unexplained Wealth) Act 2009 ;
(g) an
application under the Serious and Organised Crime (Unexplained Wealth)
Act 2009 ;
(h) the
confiscation or forfeiture of property or the imposition of a pecuniary
penalty;
(i)
the taking of evidence on commission for use in criminal
proceedings originating in Australia;
(j) the
extradition or transfer of a person to or from Australia or a State or
Territory of the Commonwealth;
(k) a
police disciplinary proceeding;
(l) a
proceeding relating to alleged misbehaviour, or alleged improper conduct, of a
police officer (however described), or an officer or employee, of the State or
another jurisdiction;
"responsible officer"—
(a) in
relation to a surveillance device warrant—means the officer primarily
responsible for executing the warrant; and
(b) in
relation to a surveillance device (emergency) authority—means the
officer primarily responsible for exercising the powers under the authority;
"review agency" for an investigating agency means—
(a) for
SA Police—the Inspector under Schedule 4 of the
Independent Commission Against Corruption Act 2012 ; or
(b) for
the Independent Commissioner Against Corruption—the Inspector under
Schedule 4 of the Independent Commission Against Corruption
Act 2012 ;
"SA Police" means South Australia Police;
"serious drug offence" means—
(a) an
offence against Part 5 Division 2 or 3 of the
Controlled Substances Act 1984 or a substantially similar offence against
a corresponding previous enactment; or
(b) an
offence against a law of the Commonwealth dealing with the unlawful
importation of drugs into Australia; or
(c) a
conspiracy to commit, or an attempt to commit, such an offence;
"serious offence" means—
(a) a
serious drug offence; or
(b) any
of the following offences:
(i)
an offence for which a maximum penalty prescribed is, or
includes, imprisonment for at least 3 years;
(ii)
a conspiracy to commit, or an attempt to commit, such an
offence; or
(iii)
an offence—
(A) of aiding or abetting, counselling or
procuring any such offence; or
(B) of being an accessory after the fact to
any such offence; or
(c) an
offence against the law of another jurisdiction corresponding to an offence
referred to in a preceding paragraph;
"surveillance device" means—
(a) a
listening device; or
(b) an
optical surveillance device; or
(c) a
tracking device; or
(d) a
data surveillance device; or
(e) a
device that is a combination of any of the devices referred to in a preceding
paragraph; or
(f) a
device of a class or kind prescribed by the regulations;
"surveillance device (emergency) authority" means a surveillance device
(emergency) authority granted under Part 3 Division 3;
"surveillance device warrant" means—
(a) a
surveillance device (tracking) warrant; or
(b) a
surveillance device (general) warrant;
"surveillance device (general) warrant" means a warrant issued under
Part 3 Division 2;
"surveillance device (tracking) warrant" means a warrant issued under
Part 3 Division 1;
"telephone" includes any telecommunication device;
"tracking device" means—
(a) a
device capable of being used to determine the geographical location of a
person, vehicle or thing; and
(b)
associated equipment (if any),
but does not include a device, or device of a class or kind, excluded from the
ambit of this definition by the regulations;
"vehicle" includes any vessel or aircraft.
(2) For the purposes
of
this Act, a "code name" for an officer in respect of a surveillance
device warrant or surveillance device (emergency) authority means a unique
identifier specified in the warrant or authority (as the case may be) instead
of the officer's name.