Surveillance Devices Regulations 1999 (WA)
Western Australia
Surveillance Devices Act 1998
Western Australia
Surveillance Devices Act 1998
These regulations may be cited as the
These regulations come into operation on the day on which the
(1) A warrant issued under section 13, 14, 17, 19 or 22 of the Act is to be in the form of Form 1 in Schedule 1, or such other form as the judge or magistrate approves.
(2) An application for emergency authorisation under section 21 of the Act is to be in the form of Form 2 in Schedule 1, or such other form as the Commissioner of Police approves.
(3) An emergency authorisation issued under section 21 of the Act is to be in the form of Form 3 in Schedule 1, or such other form as the authorised person issuing the authorisation approves.
(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, or such other form as the Commissioner of Police approves.
For the purposes of paragraph (d) of the definition of
(a) conservation and land management officers (as defined in the
Conservation and Land Management Act 1984 section 3);(b) forest officers (as defined in the
Conservation and Land Management Act 1984 section 3);(c) rangers (as defined in the
Conservation and Land Management Act 1984 section 3);(d) wildlife officers (as defined in the
Conservation and Land Management Act 1984 section 3);(e) inspectors (as defined in the
Environmental Protection Act 1986 section 3(1)) who are officers or employees of a department, authority or agency of the State;(f) fisheries officers (as defined in the
Fish Resources Management Act 1994 section 4(1)) who are employed in the Serious Offences Unit of the Department as defined in section 4(1) of that Act).
The following Commonwealth agencies, instrumentalities and bodies are prescribed for the purposes of section 4(2) of the Act —
(a) Australian Security Intelligence Organization continued by section 6 of the
Australian Security Intelligence Organization Act 1979 of the Commonwealth; and(b) Australian Federal Police established by section 6 of the
Australian Federal Police Act 1979 of the Commonwealth; and
[(c) deleted] (d) Australian Competition and Consumer Commission established by section 6A of the
Trade Practices Act 1974 of the Commonwealth; and(e) the department of the Commonwealth public service responsible for administering the
Migration Act 1958 of the Commonwealth; and(f) each of the armed forces of the Commonwealth.
(1) For the purposes of section 7(2)(d) of the Act the following circumstances are prescribed, that is, where a tracking device is attached, installed, used or maintained, or caused to be attached, installed, used or maintained —
(a) by an emergency service to locate the person who is, or object that is, the subject of a search operation;
(b) by the person in charge of a hospital or nursing home in relation to a vulnerable patient to enable the person in charge to locate the vulnerable patient if he or she gets lost or goes missing;
(c) by the superintendent of a prison in relation to a prisoner to enable the superintendent to locate the prisoner if he or she escapes from legal custody;
(d) by a researcher in relation to an object the geographical location of which is relevant to research being carried out by that person;
(da) by a public authority authorised under a written law to monitor traffic on a road as defined in the
Main Roads Act 1930 section 6;(db) by a police officer or police employee, in a Border Search Area, to identify devices that emit radio waves, for the purpose of monitoring patterns of movement or behaviour that indicate criminal activity;
(e) for the purposes of any of the following —
(i) Bail Act 1982 section 50L(1)(a) or Schedule 1 Part D clause 3(4);(iia) Criminal Law (Mental Impairment) Act 2023 section 55(3)(e), 78(5)(e) or 86(1)(b);(iib) Emergency Management Act 2005 section 70A(2) or (4);(iic) High Risk Serious Offenders Act 2020 section 31(3);(ii) Sentence Administration Act 2003 section 30(c) or (e)(i), 57(2)(a) or 74G(c), (d) or (e);(iii) Sentencing Act 1995 section 33H(2)(b), 75(2)(b), 76A(2), 84C(2)(b) or 84CA(2);(iv) Young Offenders Act 1994 section 109B(1)(a) or 136B(1)(a).
(1A) For the purposes of subregulation (1)(db), the Commissioner of Police may designate in writing an employee, or a class of employee, of the department principally assisting the Minister in the administration of the Act.
(2) For the purposes of section 7(2)(d) of the Act the following circumstance is prescribed — where a person uses, or causes to be used, a tracking device in relation to an object that —
(a) was in the person’s possession or under the person’s control when the device was attached or installed; and
(b) is no longer in the person’s possession or under the person’s control; and
(c) the person reasonably believes to have been stolen.
(3) As soon as practicable after a tracking device is attached, installed or used in relation to a vulnerable patient in circumstances described in subregulation (1)(b) the person in charge of the hospital or nursing home must give written notice of the attachment, installation or use to —
(a) if a guardian has been appointed for the patient under the
Guardianship and Administration Act 1990 , the guardian; or(b) otherwise —
(i) the patient’s next of kin; or
(ii) if the patient’s next of kin is not known, the Public Advocate under the
Guardianship and Administration Act 1990 .
(4) In this regulation —
(a) the police force of the State or of another State or a Territory; or
(b) the department of the Public Service principally assisting in the administration of the
Fire and Emergency Services Act 1998 or an equivalent department, authority or agency of another State or a Territory; or(c) a voluntary or community rescue organisation; or
(d) the Australian Maritime Safety Authority established under the
Australian Maritime Safety Authority Act 1990 (Commonwealth) section 5;
(a) a member of the staff of, or a student at, a school, college, university or other educational or training institution; or
(b) a member of the staff of, or person working for, a government agency, instrumentality or body;
(a) is likely, due to illness, lack of awareness or other incapacity, to leave the hospital or nursing home without having due regard to his or her health and safety; or
(b) being under a legal obligation to remain in the hospital or nursing home, is likely to attempt to leave; or
(c) is likely to be taken away from the hospital or nursing home without the consent of the patient or the person in charge.
(1) The Commissioner of Police, the Corruption and Crime Commission, a designated Commission and the Australian Crime Commission must —
(a) keep every Part 5 record in a secure place in accordance with section 41(1)(a) of the Act as if it were a record obtained under a warrant; and
(b) destroy a Part 5 record when it would be required to do so under section 41(1)(b) of the Act if the Part 5 record were a record obtained under a warrant.
(2) The Commissioner of Police, the Corruption and Crime Commission, a designated Commission and the Australian Crime Commission must keep such records concerning Part 5 records as are necessary to enable documents and information to be identified and obligations under this Act to be complied with.
(3) In this regulation —
(1) The information relating to applications for warrants and extensions of warrants required by section 43 of the Act to be contained in an annual report is to include the number of such applications that were —
(a) withdrawn; and
(b) made by the applicant on behalf of another law enforcement officer; and
(c) made by means other than filing a written application at the court.
(2) The information relating to applications for emergency authorisations required by section 43 of the Act to be contained in an annual report is to include the number of such applications that were withdrawn.
The information relating to applications for warrants, extensions of warrants and emergency authorisations included in a report under section 43A of the Act may include information of the kind described in regulation 8.
(1) A person who is unlawfully in possession of surveillance information commits an offence.
Penalty: $5 000.
(2) It is lawful for a person to be in possession of surveillance information only if —
(a) the person is a law enforcement officer and has possession of the surveillance information in the course of his or her duty; or
(b) the person is assisting a law enforcement officer in the exercise of the officer’s duty and has possession of the surveillance information in the course of providing that assistance; or
(c) the surveillance information was obtained in accordance with Part 5 of the Act; or
(d) the surveillance information was obtained by the person —
(i) from a person who was lawfully in possession of that information; and
(ii) in circumstances where the publication or communication of the surveillance information to the person was not an offence under section 9 of the Act.
(3) In this regulation —
[r. 3]
1 | Warrant | 13, 14, 17, 19 and 22 | ||||
2 | Application for emergency authorisation | 21 | ||||
3 | Emergency authorisation | 21 | ||||
4 | Application for — · tracking device warrant · tracking device (maintenance/retrieval) warrant | 15 and 19 | ||||
o Supreme Court judge o Magistrate At......................................... | ||||||
Name | ||||||
p Member of police force p Officer of the Corruption and Crime Commission p Officer of a designated Commission p Member of staff of Australian Crime Commission | ||||||
p Warrant issued on behalf of another law enforcement officer (Name) | ||||||
p Person______________________________________________ p Unknown person ____________________________________ p Object______________________________________________ p Premises____________________________________________ | ||||||
Offence_________________________________________________ Act or Regulations _______________________________________ Section or regulation no. | ||||||
This warrant authorises you —
p listening device p optical surveillance device p tracking device
p maintain the device p retrieve the device p maintain and retrieve the device
p listening device p optical surveillance device p tracking device attached or installed under an emergency authorisation | ||||||
The surveillance device may be attached or installed, used or maintained —
| ||||||
p Where practicable the surveillance device should be retrieved or rendered inoperable during the period that the warrant is in force | ||||||
This warrant authorises you to enter, by force if necessary —
| ||||||
p This warrant authorises you to connect the surveillance device to an electricity supply system and to use electricity from that system to operate the device | ||||||
p This warrant authorises you to temporarily remove this vehicle from this premises for the purpose of — p attaching p installing p maintaining p retrieving a tracking device | ||||||
Vehicle | ||||||
Premises_____________________________________________________ | ||||||
You must return the vehicle to the premises when the device has been attached, installed, maintained or retrieved | ||||||
___/___/______ to ___/___/______, being ___________________days | ||||||
The warrant may be used at any time of the day or night | ||||||
This warrant is subject to these conditions | ||||||
Signature Judge / Magistrate Date Time | ||||||
Name | |||
Business address | |||
Postcode | |||
Phone no. | |||
p Member of police force p Officer of the Corruption and Crime Commission p Officer of a designated Commission p Member of staff of Australian Crime Commission | |||
p Person______________________________________________ p Unknown person p Object______________________________________________ p Premises____________________________________________ | |||
Authorisation is required to — p attach or install p use p maintain
in relation to the —
p retrieve —
| |||
p Threat of serious violence to a person Name______________________________________________ p Threat of substantial damage to property Description | |
p Indictable drug offence Relevant section of p 6(1) p 7(1) p 33(1)(a) p 33(2)(a) o External indictable drug offence External law ________________________________________ Corresponding section of p 6(1) p 7(1) p 33(1)(a) p 33(2)(a)
Offence_____________________________________________ Relevant Act_________________________________________ section | |
The offence — p has been committed p may have been committed p is being committed p is about to be committed
Date offence committed or expected to be committed | |
The use of the surveillance device is immediately necessary for the purpose of —
p the commission of the offence p the identity of the offender p the location of the offender | |
These factors make the circumstances serious___________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ These factors make the matter urgent _________________________ _______________________________________________________ _______________________________________________________ | |
Reasons an application under section 15 or 16 for a warrant is not practicable ______________________________________________ _______________________________________________________ | |
p Indictable drug offence Relevant section of p 6(1) p 7(1) p 33(1)(a) p 33(2)(a) | |
p External indictable drug offence External law: __________________________________________ Corresponding section of p 6(1) p 7(1) p 33(1)(a) p 33(2)(a) | |
These factors make the circumstances serious____________________ __________________________________________________________ __________________________________________________________ These factors make the matter urgent___________________________ __________________________________________________________ | |
Reasons an application under section 22 for a warrant is not practicable_________________________________________________ | |
Entry, by force if necessary, is required to —
__________________________________________________
| |
p Authorisation is required to connect the surveillance device to an electricity supply system and use electricity from that system to operate the device | |
p Authorisation is required to temporarily remove a vehicle from a premises for the purpose of — p attaching p installing p maintaining p retrieving a tracking device | |
Vehicle | |
Premises___________________________________________________ | |
Period for which authorisation is required __________________days Reason this period is required _______________________________ __________________________________________________________ | |
Date |
Name | |||||
p Commissioner of Police p Deputy Commissioner of Police p Assistant Commissioner of Police p Officer of the Corruption and Crime Commission p Officer of a designated Commission
| |||||
Name | |||||
p Member of the police force p Officer of the Corruption and Crime Commission p Officer of a designated Commission p Member of staff of Australian Crime Commission | |||||
p Person_______________________________________________ p Unknown person p Object_______________________________________________ p Premises_____________________________________________ | |||||
This authorisation authorises you to — p attach or install p use p maintain
in relation to the —
p retrieve —
| |||||
Entry, by force if necessary, is required to —
________________________________________________
| |
p This authorisation authorises you to connect the surveillance device to an electricity supply system and to use electricity from that system to operate the device. | |
p This authorisation authorises you to temporarily remove this vehicle from this premises for the purpose of — p attaching p installing p maintaining p retrieving a tracking device | |
Vehicle | |
Premises_________________________________________________ | |
You must return the vehicle to the premises when the device has been attached, installed, maintained or retrieved | |
___/___/______ to ___/___/______, being ______________days | |
The authorisation may be used at any time of the day or night | |
This authorisation is subject to these conditions | |
Signature Date Time | |
Signature Date Time |
• tracking device warrant • tracking device (maintenance/retrieval) warrant
Name | |
Business address | |
Postcode | |
Phone no. | |
p Member of police force p Officer of the Corruption and Crime Commission p Officer of a designated Commission p Member of staff of Australian Crime Commission | |
p Application is made on behalf of another law enforcement officer (Name) | |
p Person (see note 1)_______________________________________________ p Unknown person p Object _____________________________________________ p Premises____________________________________________ | |
p Tracking device warrant (s. 13) p Tracking device (maintenance/retrieval) warrant (s. 14) to —
| |
p New warrant p Extension of current warrant | |
Period for which warrant is required ______________________days Reason this period is required_______________________________ _______________________________________________________ | |
Offence | |
Act or Regulations | |
Section or regulation no. | |
The offence — p has been committed p may have been committed p is being committed p is about to be committed
Date offence committed or expected to be committed | |
The use of a surveillance device would be likely to —
p the commission of the offence p the identity of the offender p the location of the offender | |
Vehicle | |
Location when device installed______________________________ Current location | |
Person who installed device ________________________________ p Member of police force p Officer of the Corruption and Crime Commission p Officer of a designated Commission p Member of staff of Australian Crime Commission p Member of prescribed class of persons Specify class ________________________________________ | |
Entry, by force if necessary, is required to —
_______________________________________________
| |
p Authority is required to connect the surveillance device to an electricity supply system and use electricity from that system to operate the device | |
p Authority is required to temporarily remove a vehicle from a premises for the purpose of — p attaching p installing p maintaining p retrieving a tracking device | |
Vehicle | |
Premises________________________________________________ | |
Date | |
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) | |
The application is to be lodged with the magistrate. An application must be accompanied by — • an “Authorisation of surveillance”; and • an affidavit containing a “Statement of facts in support of application for warrant” in accordance with An application should also be accompanied by a draft warrant in the form of the warrant being sought. | |
This is a compilation of the
18 Nov 1999 p. 5767‑86 | 22 Nov 1999 (see r. 2 and | ||||
8 Feb 2000 p. 457‑60 | 8 Feb 2000 | ||||
1 Feb 2005 (see s. 2 and | |||||
23 Sep 2005 p. 4363 | 23 Sep 2005 | ||||
5 May 2006 p. 1735‑6 | 5 May 2006 | ||||
21 Sep 2007 p. 4734‑5 | r. 1 and 2: 21 Sep 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 22 Sep 2007 (see r. 2(b)) | ||||
6 Jul 2010 p. 3224‑5 | r. 1 and 2: 6 Jul 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 7 Jul 2010 (see r. 2(b)) | ||||
4 Jan 2013 p. 10 | r. 1 and 2: 4 Jan 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Feb 2013 (see r. 2(b) and | ||||
19 Feb 2013 p. 991‑2 | r. 1 and 2: 19 Feb 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 20 Feb 2013 (see r. 2(b)) | ||||
1 Dec 2015 p. 4820‑1 | r. 1 and 2: 1 Dec 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 2 Dec 2015 (see r. 2(b)) | ||||
24 Jun 2016 p. 2339-40 | r. 1 and 2: 24 Jun 2016 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2016 (see r. 2(b) and | ||||
16 Sep 2016 p. 3941 | r. 1 and 2: 16 Sep 2016 (see r. 2(a)); Regulations other than r. 1 and 2: 17 Sep 2016 (see r. 2(b)) | ||||
23 Dec 2016 p. 5905‑6 | r. 1 and 2: 23 Dec 2016 (see r. 2(a)); Regulations other than r. 1 and 2: 24 Dec 2016 (see r. 2(b)) | ||||
18 Aug 2017 p. 4448 | r. 1 and 2: 18 Aug 2017 (see r. 2(a)); Regulations other than r. 1 and 2: 19 Aug 2017 (see r. 2(b)) | ||||
SL 2020/36 9 Apr 2020 | r. 1 and 2: 9 Apr 2020 (see r. 2(a)); Regulations other than r. 1 and 2: 10 Apr 2020 (see r. 2(b)) | ||||
SL 2020/61 22 May 2020 | r. 1 and 2: 22 May 2020 (see r. 2(a)); Regulations other than r. 1 and 2: 23 May 2020 (see r. 2(b)) | ||||
SL 2020/151 31 Aug 2020 | 31 Aug 2020 (see r. 2) | ||||
SL 2023/188 29 Nov 2023 | r. 1 and 2: 29 Nov 2023 (see r. 2(a)); Regulations other than r. 1 and 2: 30 Nov 2023 (see r. 2(b)) | ||||
SL 2024/172 21 Aug 2024 | 1 Sep 2024 (see r. 2(b)) | ||||
SL 2025/15 22 Jan 2025 | r. 1 and 2: 22 Jan 2025 (see r. 2(a)); Regulations other than r. 1 and 2: 23 Jan 2025 (see r. 2(b)) | ||||
Border Search Area.................................................................................................... 6(4)
emergency service...................................................................................................... 6(4)
hospital.......................................................................................................................... 6(4)
nursing home............................................................................................................... 6(4)
Part 5 record................................................................................................................. 7(3)
police employee.......................................................................................................... 6(4)
prison............................................................................................................................. 6(4)
public authority........................................................................................................... 6(4)
researcher..................................................................................................................... 6(4)
superintendent............................................................................................................. 6(4)
surveillance information............................................................................................ 9(3)
vulnerable patient........................................................................................................ 6(4)
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