Surveillance Devices Amendment Regulations 1999 (WA)

8 February 20001 GOVERNMENT GAZETTE, WA 457

Amendment Regulations 1999.

PE301*

Surveillance Devices Act 1998

Surveillance Devices Amendment

Regulations 1999

Made by the Governor in Executive Council.

1.            Citation

These regulations may be cited as the Surveillance Devices

458 GOVERNMENT GAZETTE, WA 18 February 2000

2.            The regulations amended

The amendments in these regulations are to the Surveillance
Devices Regulations 1999*•

[* Published in Gazette 18 November 1999, pp. 5767-86.]

3.            Regulation 3 amended

(1) After regulation 3(3) the following subregulation is inserted -

(4) An application to a magistrate for a tracking

device warrant or a tracking device
(maintenance/ retrieval) warrant is to be in the
form of Form 4 in Schedule 1.

4.           Regulation 4 amended

Regulation 4 is amended as follows -

(a)	after paragraph (b) by deleting "and";
(b)

at the end of paragraph (c) by deleting the full stop and " ;and ";

(c)	after paragraph (c) by inserting the fol lowi rig paragraph -
(d) fisheries officers (as defined in the Fish Resources Management Act 1994) employed in the Serious Offences Unit of the Department (as defined in that Act).

5.            Schedule 1 amended

(1) The Table of forms in Schedule 1 is amended by inserting the

following entry after the entry for Form 3 -

4 Application for - 15 and 19

• tracking device warrant

• tracking device (maintenance/
retrieval) warrant

(2) After Form 3 the following form is inserted -

Surveillance Devices Act 1998, ss. 15 and 19

Application for -

• tracking device warrant

• tracking device (maintenance/retrieval) warrant

Strike out any parts of this form that are not applicable

8 February 20001 GOVERNMENT GAZETTE, WA 159

Applicant Name
Business address

Postcode

Phone no.
U Member of police force
U Anti-Corruption Commission officer
Ci Member of staff of National Crime Authority

U Application is made on behalf of another law enforcement

officer (Name)

Person, object	U Person (see note 1)
or premises under	U Unknown person
U Object
surveillance	U Premises
Nature of warrant	U Tracking device warrant (s. 13)
U Tracking device (maintenance/retrieval) warrant (s. 14) to -

U maintain a tracking device U retrieve a tracking device U maintain and retrieve a tracking device

U New warrant U Extension of current warrant

Period of	Period for which warrant is required	days
warrant	Reason this period is required -
Grounds	Tracking device warrant (s. 13 Offence Act or Regulations Section or regulation no. The offence -

U has been committed U may have been committed

U is being committed	U is about to be committed
U is likely to be committed

Date offence committed or expected to be committed The use of a surveillance device would be likely to -

U assist an investigation into the offence

U enable evidence to be obtained of—

U the commission of the offence
U the identity of the offender

U the location of the offender

Tracking device (maintenance/retrieval) warrant (s. 14)
Vehicle
Location when device installed
Current location
Person who installed device

U Member of police force

U Anti-Corruption Commission officer
U Member of staff of National Crime Authority

U Member of prescribed class of persons

Specify class

▪

460 GOVERNMENT GAZETTE, WA 18 February 2000

Entry to	Entry, by force if necessary, is required to —
premises	(specified premises)

▪	any premises where the object or person under surveillance is reasonably believed to be or is likely to be and any premises adjoining or providing access to those premises
O	any premises where the vehicle on or in which the device is attached or installed may for the time being be
O	any premises where the surveillance device to be retrieved may for the time being be

Use of	Authority is required to connect the surveillance device to an
electricity	electricity supply system and use electricity from that system to
supply	operate the device
Removal of	Authority is required to temporarily remove a vehicle from a
vehicle	premises for the purpose of —

Di	attaching	U	installing
•	maintaining	U	retrieving

a tracking device
Vehicle

Premises

Signature of

applicant Date

Note 1 — Identification of person under surveillance
The person under surveillance may be identified by a numerical reference identifying the
relevant law enforcement agency and the year in which the application is made.

For example —WAPS 1/1999 (for the first application in 1999 by a member of the WA

police force)

Note 2 — Lodging of Application for warrant

The application is to be lodged with the Magistrate.

An application must be accompanied by —

• an "Authorization of surveillance"; and

• an affidavit containing a "Statement of facts in support of application for warrant"

Surveillance Devices Act 1998,

in accordance with s. 15(3)(a), (b), (c) and (f). being sought.

By Command of the Governor,

ROD SPENCER, Clerk of the Executive Council.