Surveillance Devices Regulations (NT)

NORTHERN TERRITORY OF AUSTRALIA

SURVEILLANCE DEVICES REGULATIONS

As in force at 9 November 2005

TABLE OF PROVISIONS

Regulation

1.         Citation
               2.         Prescribed authorities

3.Circumstances in which tracking device may be attached, installed etc.

Notes
  Table of Amendments

NORTHERN TERRITORY OF AUSTRALIA

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This reprint shows the Regulations as in force at 9 November 2005.  Any amendments that may come into operation after that date are not included.

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SURVEILLANCE DEVICES REGULATIONS

Regulations under the Surveillance Devices Act

1. Citation

   These Regulations may be cited as the Surveillance Devices Regulations.  (See back note 1)

2. Prescribed authorities

   The following are prescribed authorities:

   (a)      the Australian Crime Commission;

   (b)      the Australian Federal Police.

3. Circumstances in which tracking device may be attached, installed etc.

   (1)      In this regulation, "vulnerable patient" means a patient of a hospital or nursing home who, in the opinion of the person in charge of the hospital or nursing home –

   (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 or safety;

   (b)is under a legal obligation to remain in the hospital or nursing home and 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.

(2) For the purposes of section 6(c)(iv) of the Act, the following circumstances are prescribed circumstances in which a person may attach, install, use, maintain or retrieve a tracking device:

(a)where the tracking device will be, is being or has been used, in accordance with the directions of the person who is in command of an emergency or search and rescue operation, to search during the emergency or search and rescue operation for a person or object;

(b)where the tracking device will be, is being or has been used, in accordance with the directions of the person in charge of the hospital or nursing home where a vulnerable patient has been admitted, to monitor the location of the vulnerable patient;

(c)where the tracking device will be, is being or has been used, in accordance with the directions of the Director of Correctional Services or the person in charge of a prison, to monitor the activities and location of a prisoner in the prison;

(d)where the tracking device will be, is being or has been used, in accordance with the terms and conditions of a home detention order within the meaning of the Sentencing Act, to monitor the activities and location of the person in respect of whom the home detention order is in force;

(e)for the purposes of a research project to monitor the location of an object or animal the subject of the research project.

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Notes

1. The Surveillance Devices Regulations, in force under the Surveillance Devices Act, comprise Regulations No. 19, 2001 and amendments made by other legislation, the details of which are specified in the following table:

Number and year	Date made	Date notified in the Gazette	Date of commencement
No. 19, 2001	5 Mar 2001	14 Mar 2001	14 Mar 2001
No. 45, 2005	2 Nov 2005	9 Nov 2005	9 Nov 2005

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Table of Amendments

Regulation

1. Substituted by No. 45, 2005

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