Surveillance Devices Regulations 2008 (NT)
NORTHERN TERRITORY OF AUSTRALIA
SURVEILLANCE DEVICES REGULATIONS 2008
As in force at 1 March 2021
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 March 2021
SURVEILLANCE DEVICES REGULATIONS 2008
Regulations under the Surveillance Devices Act 2007
These Regulations may be cited as the
For the definition
(a) Police Powers and Responsibilities Act 2000 (Qld);(b) Police Powers (Surveillance Devices) Act 2006 (Tas);(c) Surveillance Devices Act 1999 (Vic);(d) Surveillance Devices Act 2007 (NSW);(e) Crimes (Surveillance Devices) Act 2010 (ACT).
(1) For section 13(2)(d) of the Act, a person may install, use or maintain a tracking device in the following circumstances:
(a) in accordance with the directions of the person in charge of an emergency or search and rescue operation to search for a person or thing during the operation;
(b) in accordance with the directions of the person in charge of a hospital or nursing home (the
manager ) to monitor the location of a patient if:(i) the patient is under a legal obligation to stay in the hospital or nursing home and the manager reasonably believes the patient is likely to try to leave; or
(ii) the manager reasonably believes the patient is likely, because of illness, lack of awareness or other incapacity, to leave the hospital or nursing home without proper regard to his or her health or safety; or
(iii) if the manager reasonably believes the patient is likely to be unlawfully taken from the hospital or nursing home;
(c) in accordance with the directions of the Commissioner of Correctional Services or person in charge of a custodial correctional facility, to monitor the activities and location of a prisoner in the facility;
(d) in accordance with the directions of the Commissioner of Correctional Services or CEO (Youth Justice) to monitor the activities and location of a monitored offender to the extent that the offender is required by the monitoring requirement to submit to the monitoring;
(da) in accordance with the directions of the Commissioner of Police to monitor the location of an accused person who has entered into a relevant conduct agreement;
(e) to monitor the location of an animal or thing the subject of a research project.
(2) In this regulation:
CEO (Youth Justice) means the Chief Executive Officer (as defined in section 19 of thePublic Sector Employment and Management Act 1993 ) of the Agency responsible for youth justice.custodial correctional facility , see section 11(1)(a) of theCorrectional Services Act 2014 .monitored offender means a person subject to a monitoring requirement.monitoring requirement means any of the following:(a) a home detention order, community custody order, community based order, release on bond without conviction, release on bond following conviction or suspended sentence of imprisonment under the
Sentencing Act 1995 ;(b) an alternative detention order under the
Youth Justice Act 2005 that is subject to a condition mentioned in section 102(1)(b) of that Act;(c) a conduct agreement under the
Bail Act 1982 that is subject to a condition mentioned in section 27A(1)(ia) or (ib) of that Act;(d) a parole order under the
Parole Act 1971 that is subject to a condition mentioned in section 5A(3)(b) of that Act;(e) a supervision order under the
Serious Sex Offenders Act 2013 if the supervisee is subject to a monitoring obligation as defined in section 64(2) of that Act;(f) a leave permit under Part 3.3 of the
Correctional Services Act 2014 .
relevant conduct agreement means a conduct agreement under theBail Act 1982 containing a provision mentioned in section 27A(1)(iaa) or (iab) of that Act.
For section 53(4)(c) of the Act, the following purposes are prescribed purposes:
(a) an application or an investigation of a complaint under the
Information Act 2002 or a law of a participating jurisdiction or of the Commonwealth about privacy of personal information or access to information held by public sector organisations, other than for the purpose mentioned in section 53(1)(h) of the Act;(b) a proceeding before NTCAT, including preparation for the proceeding;
(c) a civil proceeding, including preparation for the proceeding;
(d) an investigation or inquest conducted under the
Coroners Act 1993 ;(e) an investigation of a complaint under the
Anti-Discrimination Act 1992 ;(f) an investigation of a complaint under the
Liquor Act 2019 ;(g) an investigation of a complaint under the
Children’s Commissioner Act 2013 ;(h) a television broadcast, radio broadcast, internet broadcast or other broadcast if authorised by a contract:
(i) between the Agency responsible for the police force of the Territory and a media production company; and
(ii) that protects the privacy of personal information.
ENDNOTES 1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Notified | 5 March 2008 |
Commenced | 5 March 2008 |
Notified | 30 June 2010 |
Commenced | 30 June 2010 |
Notified | 20 December 2011 |
Commenced | 27 February 2012 (r 2, s 2 |
Assent date | 3 May 2013 |
Commenced | 1 July 2013 ( |
Assent date | 4 September 2014 |
Commenced | 9 September 2014 ( |
Notified | 23 December 2015 |
Commenced | 23 December 2015 |
Assent date | 17 March 2017 |
Commenced | 20 March 2017 ( |
Assent date | 30 August 2017 |
Commenced | 13 September 2017 ( |
Assent date | 30 October 2017 |
Commenced | 5 January 2018 ( |
Notified | 26 February 2021 |
Commenced | 1 March 2021 (r 2) |
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the
4 LIST OF AMENDMENTS
r 2 ins No. 8, 2010, r 4
amd No. 33, 2015, r 3
r 3
(former r 2) renum No. 8, 2010, r 3
amd No. 53, 2011, r 46; Act No. 9, 2013, s 136; Act No. 27, 2014, s 57; Act No. 5, 2017, s 14; Act No. 17, 2017, s 15; Act No. 19, 2017, s 39
r 4 ins No. 1, 2021, r 4
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