(1) In this Act,
unless the contrary intention appears —
Attorney General means the Attorney General of the
State or, where there is a vacancy in the office of Attorney General, the
Minister for Justice of the State;
Australian Crime Commission means the Australian
Crime Commission established by the Australian Crime Commission Act 2002 of
the Commonwealth;
authorised person means —
(a) in
the case of the police force of the State —
(i)
the Commissioner of Police;
(ii)
a Deputy Commissioner of Police; and
(iii)
an Assistant Commissioner of Police;
(aa) in
the case of the Corruption and Crime Commission, an officer of the Corruption
and Crime Commission authorised for that purpose by the Commission;
(b) in
the case of a designated Commission, a person authorised for the purpose by
the designated Commission; and
(c) in
the case of the Australian Crime Commission, a person authorised for the
purpose by the Chair of the Board of the Australian Crime Commission;
building includes any structure;
Chief Magistrate means the Chief Magistrate of the
Magistrates Court;
composite emergency authorisation means an
emergency authorisation issued under Division 2 of Part 4 in respect of more
than one kind of surveillance device or a surveillance device that has more
than one kind of function;
composite warrant means a warrant issued under
section 13(10) or 22(4) in respect of more than one kind of surveillance
device or a surveillance device that has more than one kind of function;
connected device means an instrument, apparatus,
or equipment that is not a surveillance device but is ancillary to the use or
installation of a surveillance device and is capable of being used directly or
indirectly in connection with, as the result of, or for the purposes of the
commission of an offence under this Act;
Corruption and Crime Commission has the meaning
given to “Commission” in section 3 of the Corruption, Crime and
Misconduct Act 2003 ;
designated Commission means a Royal Commission
under the Royal Commissions Act 1968 to which, by the terms of appointment or
in an instrument made by the Governor, this Act is expressly declared to
apply;
emergency authorisation means an authorisation
issued by an authorised person to a member of the police force of the State,
an officer of the Corruption and Crime Commission, an officer of a designated
Commission or a member of the staff of the Australian Crime Commission under
section 21;
external indictable drug offence means an offence
under the law of a State (other than Western Australia) or a Territory that
corresponds to an offence of a kind referred to in the definition of
“indictable drug offence”;
indictable drug offence means an offence under
section 6(1), 7(1), 33(1)(a), 33(2)(a) or 33(3)(a) of the Misuse of Drugs Act
1981 ;
law enforcement officer means —
(a) a
member of the police force of the State or of another State or a Territory;
(aa) an
officer of the Corruption and Crime Commission;
(b) an
officer of a designated Commission;
(c) a
member of the staff of the Australian Crime Commission who is a member of the
Australian Federal Police or of the police force of a State or Territory;
(d) a
person who is a member of such other class of persons as is prescribed, being
persons who are officers or employees of a department, authority or agency of
the State or of another State or a Territory;
listen to includes hear;
listening device means any instrument, apparatus,
equipment, or other device capable of being used to record, monitor or listen
to a private conversation or words spoken to or by any person in private
conversation, but does not include a hearing aid or similar device used by a
person with impaired hearing to overcome the impairment and permit that person
to hear only sounds ordinarily audible to the human ear;
listening device warrant means a warrant issued
under Part 4 by a judge to authorise the installation, use, maintenance, and
retrieval of a listening device;
maintain , in relation to a surveillance device,
includes adjust, repair, reposition, and service;
member of the staff of the Australian Crime
Commission has the meaning given to the term “member of the staff of the
ACC” in section 4(1) of the Australian Crime Commission Act 2002 of the
Commonwealth as extended by section 3(3) of the Australian Crime Commission
(Western Australia) Act 2004 ;
officer of a designated Commission means —
(a) a
person appointed by the Attorney General to assist a designated Commission; or
(b) any
other person appointed, employed, seconded or engaged to assist a designated
Commission;
officer of the Corruption and Crime Commission has
the meaning given to “officer of the Commission” in section 3 of
the Corruption, Crime and Misconduct Act 2003 ;
optical surveillance device means any instrument,
apparatus, equipment, or other device capable of being used to record visually
or observe a private activity, but does not include spectacles, contact lenses
or a similar device used by a person with impaired sight to overcome that
impairment;
optical surveillance device warrant means a
warrant issued under Part 4 by a judge to authorise the installation, use,
maintenance, and retrieval of an optical surveillance device;
party means —
(a) in
relation to a private conversation —
(i)
a person by or to whom words are spoken in the course of
the conversation; or
(ii)
a person who, with the express or implied consent of any
of the persons by or to whom words are spoken in the course of the
conversation, records, monitors or listens to those words;
and
(b) in
relation to a private activity —
(i)
a person who takes part in the activity; or
(ii)
a person who, with the express or implied consent of any
of the persons taking part in the activity, observes or records the activity;
premises includes all or part of any land,
building, aircraft or vehicle, and any place whether built on or not;
principal party means —
(a) in
relation to a private conversation, a person by or to whom words are spoken in
the course of the conversation; and
(b) in
relation to a private activity, a person who takes part in the activity;
private activity means any activity carried on in
circumstances that may reasonably be taken to indicate that any of the parties
to the activity desires it to be observed only by themselves, but does not
include an activity carried on in any circumstances in which the parties to
the activity ought reasonably to expect that the activity may be observed;
private conversation means any conversation
carried on in circumstances that may reasonably be taken to indicate that any
of the parties to the conversation desires it to be listened to only by
themselves, but does not include a conversation carried on in any
circumstances in which the parties to the conversation ought reasonably to
expect that the conversation may be overheard;
record , in relation to a private conversation,
includes a statement prepared from such a record and to record includes visual
and sound recording;
report , in relation to a private conversation,
includes a report of the substance, meaning or purport of the conversation;
surveillance device means a listening device, an
optical surveillance device or a tracking device;
surveillance device (retrieval) warrant means a
warrant issued under section 22 by a judge to authorise the retrieval of a
surveillance device that has been attached or installed in accordance with an
emergency authorisation issued under section 21;
tracking device means any instrument, apparatus,
equipment, or other device capable of being used to determine the geographical
location of a person or object;
tracking device (maintenance/retrieval) warrant
means a warrant issued under section 14 to authorise the maintenance or
retrieval or the maintenance and retrieval of a tracking device or devices
that have been attached or installed on a vehicle situated in a public place
by a person referred to in section 7(2)(a);
tracking device warrant means a warrant issued
under Part 4 to authorise the attachment, installation, use, maintenance and
retrieval of a tracking device;
vehicle includes a vessel;
warrant means a warrant issued under Part 4.
(2) An instrument,
apparatus, equipment, or other device is to be regarded for the purposes of
this Act as a listening device, an optical surveillance device, a tracking
device, or more than one of those devices, if it is capable of performing the
function of such a device or devices as described in the definitions in
subsection (1).
(3) For the purposes
of a designated Commission this Act operates as if —
(a) a
reference in section 5(3)(b) or 6(3)(b)(ii) to a suspected criminal offence
included a reference to suspected misconduct;
(b) a
reference in section 13(1)(a) or (b), (2)(a) or (8)(a) or 17(1)(a) or (b) to
an offence included a reference to an act of misconduct; and
(c) a
reference in section 13(1)(b), (2)(a) or (8)(a) or 17(1)(b) to a suspected
offence included a reference to suspected misconduct.
(4) In subsection (3)
—
misconduct has the meaning given to that term by
section 4 of the Corruption, Crime and Misconduct Act 2003 .
[Section 3 amended: No. 78 of 2003 s. 74; No. 59
of 2004 s. 141; No. 62 of 2004 s. 9(3); No. 74 of 2004 s. 72(2); No. 30 of
2006 s. 16; No. 35 of 2014 s. 39.]