South Australian Consolidated Regulations

LISTENING AND SURVEILLANCE DEVICES REGULATIONS 2003 - REG 13

13—Reporting to Minister on use of devices in prescribed circumstances (section 6B)

For the purposes of section 6B(1b) of the Act, the prescribed circumstances are the following circumstances:

            (a)         in the case of a listening device—

                  (i)         where—

                        (A)         the device is used—

        •         by a member of the police force acting in the course of his or her duty or in the public interest; or

        •         by a person authorised by a member of the police force acting in the course of his or her duty or in the public interest,

to overhear, record, monitor or listen to a private conversation to which the member of the police force or the person (as the case may be) is a party; and

                        (B)         the device is a listening device, or is a listening device of a class or kind, to which section 8 of the Act applies;

                  (ii)         where—

                        (A)         the device is used—

        •         by a member of the police force acting in the course of his or her duty; or

        •         by a person authorised by a member of the police force acting in the course of his or her duty,

to overhear, record, monitor or listen to a private conversation to which the member of the police force or the person (as the case may be) is a party; and

                        (B)         it is unlikely that any other party to the conversation holds a reasonable expectation that the conversation is being recorded; and

                        (C)         the private conversation is being monitored in real time in a remote location by a member of the police force;

                  (iii)         where—

                        (A)         the device is used—

        •         by a member of the police force acting in the course of his or her duty in an undercover operation authorised under the Criminal Law (Undercover Operations) Act 1995 ; or

        •         by a person authorised by a member of the police force acting in the course of his or her duty in such an undercover operation,

to overhear, record, monitor or listen to a private conversation to which the member of the police force or the person (as the case may be) is a party; and

                        (B)         it is unlikely that any other party to the conversation holds a reasonable expectation that the conversation is being recorded; and

            (b)         in the case of a surveillance device—

                  (i)         where the device is used—

                        (A)         by a member of the police force acting in the course of his or her duty in an undercover operation authorised under the Criminal Law (Undercover Operations) Act 1995 ; or

                        (B)         by a person authorised by a member of the police force acting in the course of his or her duty in such an undercover operation,

to observe or record visually a person carrying out a private activity;

                  (ii)         where the device used by a member of the police force, or a person authorised by a member of the police force, was installed, by or on behalf of the police force, on private property with the consent of the owner of the property (but not where the device was installed principally for the purpose of crowd surveillance).