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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
SURVEILLANCE LEGISLATION AMENDMENTS
(PERSONAL POLICE CAMERAS) BILL 2018
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - LISTENING DEVICES ACT 1991 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 5 amended (Prohibition on use of listening devices)
6. Section 9 amended (Prohibition on communication or
publication of private conversations unlawfully listened to)
7. Section 10 amended (Prohibition on communication or
publication of records of private conversations by parties
thereto)
8. Section 11 amended (Possession of record of private
conversation)
PART 3 - POLICE POWERS (SURVEILLANCE DEVICES) ACT 2006
AMENDED
9. Principal Act
10. Long title amended
11. Section 3 amended (Interpretation)
12. Section 7 amended (Types of warrant)
[Bill 29]-XI
13. Section 32 amended (Interpretation)
14. Section 33 amended (Prohibition on communication or
publication of protected information)
15. Section 44A inserted
44A. Use of personal cameras, &c.
16. Section 45A inserted
45A. Validation of certain actions
PART 4 - CONCLUDING PROVISION
17. Repeal of Act
2
SURVEILLANCE LEGISLATION AMENDMENTS
(PERSONAL POLICE CAMERAS) BILL 2018
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
30 August 2018
(Brought in by the Minister for Police, Fire and Emergency
Management, the Honourable Michael Darrel Joseph
Ferguson)
A BILL FOR
An Act to amend the Listening Devices Act 1991, and the
Police Powers (Surveillance Devices) Act 2006, to allow for
the use of cameras worn or held by police officers
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Surveillance
Legislation Amendments (Personal Police
Cameras) Act 2018.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 29] 3
Surveillance Legislation Amendments (Personal Police Cameras)
Act 2018
Act No. of 2018
s. 3 Part 2 - Listening Devices Act 1991 Amended
PART 2 - LISTENING DEVICES ACT 1991 AMENDED
3. Principal Act
In this Part, the Listening Devices Act 1991* is
referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by
inserting after the definition of party the
following definition:
personal camera has the same meaning as in
the Police Powers (Surveillance Devices)
Act 2006;
5. Section 5 amended (Prohibition on use of listening
devices)
Section 5(2) of the Principal Act is amended by
inserting after paragraph (ba) the following
paragraph:
(bb) the use, in accordance with section 44A
of the Police Powers (Surveillance
Devices) Act 2006, of a listening device
consisting of a personal camera; or
_______________________________________________________________
*No. 21 of 1991
4
Surveillance Legislation Amendments (Personal Police Cameras)
Act 2018
Act No. of 2018
Part 2 - Listening Devices Act 1991 Amended s. 6
6. Section 9 amended (Prohibition on communication
or publication of private conversations unlawfully
listened to)
Section 9 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(3) Subsection (1)(b) does not apply in
relation to a communication, or
publication, of information, obtained by
the use by a police officer of a personal
camera, that is a communication or
publication to which section 33(3) or (4)
of the Police Powers (Surveillance
Devices) Act 2006 applies.
7. Section 10 amended (Prohibition on communication
or publication of records of private conversations
by parties thereto)
Section 10 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(3) Subsection (1) does not apply in relation
to a communication, or publication, of a
record obtained by the use by a police
officer of a personal camera, that is a
communication or publication to which
section 33(3) or (4) of the Police Powers
(Surveillance Devices) Act 2006 applies.
5
Surveillance Legislation Amendments (Personal Police Cameras)
Act 2018
Act No. of 2018
s. 8 Part 2 - Listening Devices Act 1991 Amended
8. Section 11 amended (Possession of record of private
conversation)
Section 11 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(3) Subsection (1)(b) does not apply where
the record is of information obtained by
the use of a personal camera in
accordance with section 44A of the
Police Powers (Surveillance Devices)
Act 2006.
6
Surveillance Legislation Amendments (Personal Police Cameras)
Act 2018
Act No. of 2018
Part 3 - Police Powers (Surveillance Devices) Act 2006 Amended s. 9
PART 3 - POLICE POWERS (SURVEILLANCE
DEVICES) ACT 2006 AMENDED
9. Principal Act
In this Part, the Police Powers (Surveillance
Devices) Act 2006* is referred to as the Principal
Act.
10. Long title amended
The long title of the Principal Act is amended by
inserting ", for the use by police officers of
personal cameras that are hand-held or worn and
of information obtained by the use of such
cameras," after "jurisdiction".
11. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of participating
jurisdiction:
personal camera means -
(a) a device that is capable of
recording visual images
or sound, or both, and that
is usually used by being
_______________________________________________________________
*No. 22 of 2006
7
Surveillance Legislation Amendments (Personal Police Cameras)
Act 2018
Act No. of 2018
s. 12 Part 3 - Police Powers (Surveillance Devices) Act 2006 Amended
held in a person's hand,
whether or not the device
is being held when the
recording takes place; and
(b) a device that is capable of
recording visual images
or sound, or both, and that
is usually worn on the
body, whether or not the
device is being worn
when the recording takes
place;
(b) by inserting the following definition after
the definition of premises:
private conversation has the same
meaning as in the Listening
Devices Act 1991;
12. Section 7 amended (Types of warrant)
Section 7 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(3) Nothing in this Act is to be taken to
require the use of a personal camera, in
accordance with section 44A, by a police
officer to be authorised under a warrant
under this Act.
8
Surveillance Legislation Amendments (Personal Police Cameras)
Act 2018
Act No. of 2018
Part 3 - Police Powers (Surveillance Devices) Act 2006 Amended s. 13
13. Section 32 amended (Interpretation)
The definition of protected information in
section 32 of the Principal Act is amended as
follows:
(a) by omitting from paragraph (b)(iii)
"authorisation." and substituting
"authorisation; or";
(b) by inserting the following paragraph after
paragraph (b):
(c) any information obtained by the
use of a personal camera, in
accordance with section 44A, by
a police officer.
14. Section 33 amended (Prohibition on communication
or publication of protected information)
Section 33 of the Principal Act is amended as
follows:
(a) by omitting from subsection (4) "or
published if it is necessary to do so" and
substituting ", or published,";
(b) by inserting in subsection (4)(a) "relevant
offence within the meaning of this Act or
a" after "investigation of a";
(c) by inserting the following paragraph after
paragraph (g) in subsection (4):
(ga) the training of police officers;
9
Surveillance Legislation Amendments (Personal Police Cameras)
Act 2018
Act No. of 2018
s. 14 Part 3 - Police Powers (Surveillance Devices) Act 2006 Amended
(d) by inserting the following subsection
after subsection (4):
(4A) Protected information may be
used, communicated, or
published, if -
(a) the protected information
is information obtained by
the use of a personal
camera, in accordance
with section 44A, by a
police officer; and
(b) the information does not
contain a record of a
private conversation.
(e) by inserting the following subsection
after subsection (6):
(7) A reference in this section to a
relevant offence (whether of this
jurisdiction or any other
jurisdiction) includes, in relation
to protected information obtained
by the use of a personal camera in
accordance with section 44A, a
reference to any offence,
including an offence that is not
punishable by a term of`
imprisonment of 3 years or more
and is not prescribed.
10
Surveillance Legislation Amendments (Personal Police Cameras)
Act 2018
Act No. of 2018
Part 3 - Police Powers (Surveillance Devices) Act 2006 Amended s. 15
15. Section 44A inserted
After section 44 of the Principal Act, the
following section is inserted in Part 6:
44A. Use of personal cameras, &c.
(1) The use of a personal camera is in
accordance with this section if -
(a) it is -
(i) being held and used; or
(ii) being worn and used -
by a police officer who is on
duty; and
(b) the presence of the personal
camera is overt; and
(c) where the personal camera is
being used to record a private
conversation to which the police
officer is a party -
(i) he or she is in uniform; or
(ii) he or she has informed
each other party to the
conversation that he or
she is using a personal
camera; or
(iii) the circumstances are
such that the person being
11
Surveillance Legislation Amendments (Personal Police Cameras)
Act 2018
Act No. of 2018
s. 16 Part 3 - Police Powers (Surveillance Devices) Act 2006 Amended
recorded ought reasonably
to be expected to be
aware that the private
conversation is being
recorded.
(2) Despite section 5(6), the Right to
Information Act 2009 and the Personal
Information Protection Act 2004 apply in
relation to information that consists of a
recording made, or a transcript or copy of
a recording made, by means of a personal
camera being held or worn by a police
officer, if the information may be used,
communicated or published under
section 33(3) or (4).
16. Section 45A inserted
After section 45 of the Principal Act, the
following section is inserted in Part 6:
45A. Validation of certain actions
If, after the day on which this Act
commenced and before the day on which
the Surveillance Legislation (Personal
Police Cameras) Amendments Act 2018
commenced, any protected information
within the meaning of section 32 was
used, communicated or published in
relation to a relevant offence, that use,
communication or publication is taken to
be, and to have always been, lawful, if
the use, communication or publication,
12
Surveillance Legislation Amendments (Personal Police Cameras)
Act 2018
Act No. of 2018
Part 3 - Police Powers (Surveillance Devices) Act 2006 Amended s. 16
respectively, would have been lawful
under this Act as in force after the
amendment to section 33(4)(a) made by
the Surveillance Legislation (Personal
Police Cameras) Amendments Act 2018
had commenced.
13
Surveillance Legislation Amendments (Personal Police Cameras)
Act 2018
Act No. of 2018
s. 17 Part 4 - Concluding Provision
PART 4 - CONCLUDING PROVISION
17. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
14 Government Printer, Tasmania