{"id":"surveillance-devices-regulations-1999","name":"Surveillance Devices Regulations 1999","slug":"surveillance-devices-regulations-1999","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":182137,"registerId":"wa-surveillance-devices-regulations-1999-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Surveillance Devices Regulations 1999","content":"![Crest]()Western Australia\n\nSurveillance Devices Act 1998\n\nSurveillance Devices Regulations 1999\n\nWestern Australia\n\nSurveillance Devices Regulations 1999\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Forms 1\n\n4. Law enforcement officers, classes prescribed 2\n\n5. Commonwealth agencies, instrumentalities and bodies 2\n\n6. Use of tracking devices without warrant 3\n\n7. Storage and destruction of Part 5 records 7\n\n8. Annual reports 7\n\n8A. Reports by designated Commission 8\n\n9. Unlawful possession of surveillance information 8\n\nSchedule 1 — Forms\n\nNotes\n\nCompilation table 23\n\nDefined terms\n\n  \n\nSurveillance Devices Act 1998\n\nSurveillance Devices Regulations 1999\n\n##### 1. Citation\n\nThese regulations may be cited as the *Surveillance Devices Regulations 1999* 1*.*\n\n##### 2. Commencement\n\nThese regulations come into operation on the day on which the *Surveillance Devices Act 1998* comes into operation 1.\n\n##### 3. Forms\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n[Regulation 3 amended: Gazette 8 Feb 2000 p. 458; 5 May 2006 p. 1735.]\n\n##### 4. Law enforcement officers, classes prescribed\n\nFor the purposes of paragraph (d) of the definition of ***law enforcement officer*** in section 3(1) of the Act, each of the following classes of persons is prescribed —\n\n(a) conservation and land management officers (as defined in the *Conservation and Land Management Act 1984* section 3);\n\n(b) forest officers (as defined in the *Conservation and Land Management Act 1984* section 3);\n\n(c) rangers (as defined in the *Conservation and Land Management Act 1984* section 3);\n\n(d) wildlife officers (as defined in the *Conservation and Land Management Act 1984* section 3);\n\n(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;\n\n(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).\n\n[Regulation 4 inserted: Gazette 6 Jul 2010 p. 3225.]\n\n##### 5. Commonwealth agencies, instrumentalities and bodies\n\nThe following Commonwealth agencies, instrumentalities and bodies are prescribed for the purposes of section 4(2) of the Act —\n\n(a) Australian Security Intelligence Organization continued by section 6 of the *Australian Security Intelligence Organization Act 1979* of the Commonwealth; and\n\n(b) Australian Federal Police established by section 6 of the *Australian Federal Police Act 1979* of the Commonwealth; and\n\n[(c) deleted]\n\n(d) Australian Competition and Consumer Commission established by section 6A of the *Trade Practices Act 1974* of the Commonwealth; and\n\n(e) the department of the Commonwealth public service responsible for administering the *Migration Act 1958* of the Commonwealth; and\n\n(f) each of the armed forces of the Commonwealth.\n\n[Regulation 5 amended: Gazette 1 Dec 2015 p. 4821.]\n\n##### 6. Use of tracking devices without warrant\n\n(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 —\n\n(a) by an emergency service to locate the person who is, or object that is, the subject of a search operation;\n\n(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;\n\n(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;\n\n(d) by a researcher in relation to an object the geographical location of which is relevant to research being carried out by that person;\n\n(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;\n\n(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;\n\n(e) for the purposes of any of the following —\n\n(i) *Bail Act 1982* section 50L(1)(a) or Schedule 1 Part D clause 3(4);\n\n(iia) *Criminal Law (Mental Impairment) Act 2023* section 55(3)(e), 78(5)(e) or 86(1)(b);\n\n(iib) *Emergency Management Act 2005* section 70A(2) or (4);\n\n(iic) *High Risk Serious Offenders Act 2020* section 31(3);\n\n(ii) *Sentence Administration Act 2003* section 30(c) or (e)(i), 57(2)(a) or 74G(c), (d) or (e);\n\n(iii) *Sentencing Act 1995* section 33H(2)(b), 75(2)(b), 76A(2), 84C(2)(b) or 84CA(2);\n\n(iv) *Young Offenders Act 1994* section 109B(1)(a) or 136B(1)(a).\n\n(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.\n\n(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 —\n\n(a) was in the person’s possession or under the person’s control when the device was attached or installed; and\n\n(b) is no longer in the person’s possession or under the person’s control; and\n\n(c) the person reasonably believes to have been stolen.\n\n(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 —\n\n(a) if a guardian has been appointed for the patient under the *Guardianship and Administration Act 1990*, the guardian; or\n\n(b) otherwise —\n\n(i) the patient’s next of kin; or\n\n(ii) if the patient’s next of kin is not known, the Public Advocate under the *Guardianship and Administration Act 1990*.\n\n(4) In this regulation —\n\nBorder Search Area has the meaning given in the *Misuse of Drugs Act 1981* section 20N(1);\n\nemergency service means —\n\n(a) the police force of the State or of another State or a Territory; or\n\n(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\n\n(c) a voluntary or community rescue organisation; or\n\n(d) the Australian Maritime Safety Authority established under the *Australian Maritime Safety Authority Act 1990* (Commonwealth) section 5;\n\nhospital  has the meaning given in the *Health Services Act 2016* section 8(4);\n\nnursing home means a facility at which an approved provider (as defined in the *Aged Care Act 1997* of the Commonwealth) provides residential care (as defined in that Act);\n\npolice employee means an employee, or a person who is of a class of employee, designated under subregulation (1A);\n\nprison has the same meaning as in the *Prisons Act 1981*;\n\npublic authority has the meaning given in the *Criminal Procedure Act 2004* section 3(1);\n\nresearcher means —\n\n(a) a member of the staff of, or a student at, a school, college, university or other educational or training institution; or\n\n(b) a member of the staff of, or person working for, a government agency, instrumentality or body;\n\nsuperintendent has the same meaning as in the *Prisons Act 1981*;\n\nvulnerable patient means a hospital patient or nursing home resident who, in the opinion of the person in charge of the hospital or nursing home —\n\n(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\n\n(b) being under a legal obligation to remain in the hospital or nursing home, is likely to attempt to leave; or\n\n(c) is likely to be taken away from the hospital or nursing home without the consent of the patient or the person in charge.\n\n[Regulation 6 amended: Gazette 21 Sep 2007 p. 4734; 4 Jan 2013 p. 10; 19 Feb 2013 p. 992; 24 Jun 2016 p. 2340; 16 Sep 2016 p. 3941; 23 Dec 2016 p. 5906; 18 Aug 2017 p. 4448; SL 2020/36 r. 4; SL 2020/61 r. 4; SL 2020/151 r. 4; SL 2023/188 r. 4; SL 2024/172 r. 11; SL 2025/15 r. 4.]\n\n##### 7. Storage and destruction of Part 5 records\n\n(1) The Commissioner of Police, the Corruption and Crime Commission, a designated Commission and the Australian Crime Commission must —\n\n(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\n\n(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.\n\n(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.\n\n(3) In this regulation —\n\nPart 5 record means a record or report delivered to the police force, the Corruption and Crime Commission, a designated Commission or the Australian Crime Commission in accordance with an order under section 31(3)(b) of the Act.\n\n[Regulation 7 amended: Act No. 74 of 2004 s. 73(2); Gazette 5 May 2006 p. 1736; 21 Sep 2007 p. 4735.]\n\n##### 8. Annual reports\n\n(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 —\n\n(a) withdrawn; and\n\n(b) made by the applicant on behalf of another law enforcement officer; and\n\n(c) made by means other than filing a written application at the court.\n\n(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.\n\n##### 8A. Reports by designated Commission\n\nThe 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.\n\n[Regulation 8A inserted: Gazette 21 Sep 2007 p. 4735.]\n\n##### 9. Unlawful possession of surveillance information\n\n(1) A person who is unlawfully in possession of surveillance information commits an offence.\n\nPenalty: $5 000.\n\n(2) It is lawful for a person to be in possession of surveillance information only if —\n\n(a) the person is a law enforcement officer and has possession of the surveillance information in the course of his or her duty; or\n\n(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\n\n(c) the surveillance information was obtained in accordance with Part 5 of the Act; or\n\n(d) the surveillance information was obtained by the person —\n\n(i) from a person who was lawfully in possession of that information; and\n\n(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.\n\n(3) In this regulation —\n\nsurveillance information means a report or record of a private conversation or private activity of a person, or of the geographical location of a person or object, that was obtained, directly or indirectly, through the use of a surveillance device.\n\nSchedule 1 — Forms\n\n[r. 3]\n\n- **No.** **Form** **Section of Act**\n- 1 Warrant 13, 14, 17, 19 and 22\n- 2 Application for emergency authorisation 21\n- 3 Emergency authorisation 21\n- 4 Application for —• tracking device warrant• tracking device (maintenance/retrieval) warrant 15 and 19\n- *Surveillance Devices Act 1998*, s. 13, 14, 17, 19 and 22**Warrant** Supreme Court judge MagistrateAt.........................................\n- *Strike out any parts of this form that are not applicable*\n- **Person to whom warrant is issued** Name\n- Member of police force Officer of the Corruption and Crime Commission Officer of a designated Commission Member of staff of Australian Crime Commission\n- Warrant issued on behalf of another law enforcement officer\n(Name)\n- **Person, object or premises****under surveillance** Person______________________________________________ Unknown person ____________________________________ Object______________________________________________ Premises____________________________________________\n- **Offence** Offence_________________________________________________Act or Regulations _______________________________________Section or regulation no.\n- **Authority to use surveillance device** This warrant authorises you — to attach or install, use, maintain and retrieve a — listening device optical surveillance device tracking device in relation to a tracking device attached to, or installed in, a vehicle, to — maintain the device retrieve the device maintain and retrieve the device to retrieve a — listening device optical surveillance device tracking device attached or installed under an emergency authorisation\n- The surveillance device may be attached or installed, used or maintained — in, on or at the premises under surveillance in or on the object under surveillance in respect of the private conversations, private activities or geographical location of the person under surveillance, at premises where the person is reasonably believed to be or is likely to be\n- Where practicable the surveillance device should be retrieved or rendered inoperable during the period that the warrant is in force\n- **Authority to enter premises** This warrant authorises you to enter, by force if necessary — (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 any premises where the vehicle on or in which the device is attached or installed may for the time being be any premises where the surveillance device to be retrieved may for the time being be\n- **Authority to use electricity supply** 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\n- **Authority to remove vehicle** This warrant authorises you to temporarily remove this vehicle from this premises for the purpose of — attaching installing maintaining retrievinga tracking device\n- Vehicle\n- Premises_____________________________________________________\n- You must return the vehicle to the premises when the device has been attached, installed, maintained or retrieved\n- **Period of warrant** ___/___/______ to ___/___/______, being ___________________days\n- The warrant may be used at any time of the day or night\n- **Conditions** This warrant is subject to these conditions\n- **Issue of warrant** Signature Judge / MagistrateDate Time\n\n\n[Form amended: Act No. 74 of 2004 s. 73(3); Gazette 5 May 2006 p. 1736; 21 Sep 2007 p. 4735.]\n\n- *Surveillance Devices Act 1998*, s. 21**Application for emergency authorisation**\n- *Strike out any parts of this form that are not applicable*\n- **Applicant** Name\n- Business address\n- Postcode\n- Phone no.\n- Member of police force Officer of the Corruption and Crime Commission Officer of a designated Commission Member of staff of Australian Crime Commission\n- **Person, object or premises under surveillance** Person______________________________________________ Unknown person Object______________________________________________ Premises____________________________________________\n- **Action for which authorisation\nis required** Authorisation is required to — attach or install use maintain a listening device to record, monitor, or listen to a private conversation an optical surveillance device to record visually or observe a private activity a tracking device to determine the geographical location of a person or object in relation to the — premises under surveillance object under surveillance person under surveillance retrieve — a listening device an optical surveillance device a tracking device\n\n- **Grounds** **Imminent threat**\n- Threat of serious violence to a person Name______________________________________________ Threat of substantial damage to property Description\n- **Grounds cont.** **Offence**\n- Indictable drug offence Relevant section of *Misuse of Drugs Act 1981* — 6(1) 7(1) 33(1)(a) 33(2)(a) External indictable drug offence External law ________________________________________ Corresponding section of *Misuse of Drugs Act 1981* — 6(1) 7(1) 33(1)(a) 33(2)(a) Offence punishable by 2 or more years imprisonment Offence_____________________________________________ Relevant Act_________________________________________ section\n- The offence — has been committed may have been committed is being committed is about to be committed is likely to be committed Date offence committed or expected to be committed\n- The use of the surveillance device is immediately necessary for the purpose of — dealing with the threat investigating the offence enabling evidence to be obtained of — the commission of the offence the identity of the offender the location of the offender\n- These factors make the circumstances serious________________________________________________________________________________________________________________________________________________________________________________________These factors make the matter urgent _______________________________________________________________________________________________________________________________________\n- Reasons an application under section 15 or 16 for a warrant is not practicable _____________________________________________________________________________________________________\n- **Retrieval to avoid jeopardizing investigation of drug offence**\n- Indictable drug offence Relevant section of *Misuse of Drugs Act 1981* — 6(1) 7(1) 33(1)(a) 33(2)(a)\n- **Grounds cont.** External indictable drug offence External law: __________________________________________ Corresponding section of *Misuse of Drugs Act 1981* — 6(1) 7(1) 33(1)(a) 33(2)(a)\n- These factors make the circumstances serious________________________________________________________________________________________________________________________________________These factors make the matter urgent_____________________________________________________________________________________\n- Reasons an application under section 22 for a warrant is not practicable_________________________________________________\n- **Entry to premises** Entry, by force if necessary, is required to — (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\n- **Use of electricity supply** Authorisation is required to connect the surveillance device to an electricity supply system and use electricity from that system to operate the device\n- **Removal of vehicle** Authorisation is required to temporarily remove a vehicle from a premises for the purpose of — attaching installing maintaining retrievinga tracking device\n- Vehicle\n- Premises___________________________________________________\n- **Period of authorisation** Period for which authorisation is required __________________daysReason this period is required _________________________________________________________________________________________\n- **Signature of applicant** Date\n\n\n[Form amended: Act No. 74 of 2004 s. 73(3); Gazette 5 May 2006 p. 1736; 21 Sep 2007 p. 4735.]\n\n- *Surveillance Devices Act 1998*, s. 21**Emergency authorisation**\n- *Strike out any parts of this form that are not applicable*\n- **Authorised person** Name\n- Commissioner of Police Deputy Commissioner of Police Assistant Commissioner of Police Officer of the Corruption and Crime Commission Officer of a designated Commission Person authorised by Chair of Board of Australian Crime\nCommission\n- **Person to whom authorisation is issued** Name\n- Member of the police force Officer of the Corruption and Crime Commission Officer of a designated Commission Member of staff of Australian Crime Commission\n- **Person, object or premises****under surveillance** Person_______________________________________________ Unknown person Object_______________________________________________ Premises_____________________________________________\n- **Authorisation to use surveillance device** This authorisation authorises you to — attach or install use maintain a listening device to record, monitor, or listen to a private conversation an optical surveillance device to record visually or observe a private activity a tracking device to determine the geographical location of a person or object in relation to the — premises under surveillance object under surveillance person under surveillance retrieve — a listening device an optical surveillance device a tracking device\n\n- **Authority to enter premises** Entry, by force if necessary, is required to — (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\n- **Authority to use electricity supply** 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.\n- **Authority to remove vehicle** This authorisation authorises you to temporarily remove this vehicle from this premises for the purpose of — attaching installing maintaining retrievinga tracking device\n- Vehicle\n- Premises_________________________________________________\n- You must return the vehicle to the premises when the device has been attached, installed, maintained or retrieved\n- **Period of authorisation** ___/___/______ to ___/___/______, being ______________days\n- The authorisation may be used at any time of the day or night\n- **Conditions** This authorisation is subject to these conditions\n- **Authorised person(s)** SignatureDate Time\n- SignatureDate Time\n\n\n[Form amended: Act No. 74 of 2004 s. 73(3) and (4); Gazette 5 May 2006 p. 1736; 21 Sep 2007 p. 4735.]\n\n*Surveillance Devices Act 1998*, s. 15 and 19\n\n**Application for —**\n\n **• tracking device warrant**\n\n **• tracking device (maintenance/retrieval) warrant**\n\n- *Strike out any parts of this form that are not applicable*\n- **Applicant** Name\n- Business address\n- Postcode\n- Phone no.\n- Member of police force Officer of the Corruption and Crime Commission Officer of a designated Commission Member of staff of Australian Crime Commission\n- Application is made on behalf of another law enforcement officer (Name)\n- **Person, object or premises under surveillance** Person (see note 1)_______________________________________________ Unknown person Object _____________________________________________ Premises____________________________________________\n- **Nature of warrant** Tracking device warrant (s. 13) Tracking device (maintenance/retrieval) warrant (s. 14) to — maintain a tracking device retrieve a tracking device maintain and retrieve a tracking device\n- New warrant Extension of current warrant\n- **Period of warrant** Period for which warrant is required ______________________days Reason this period is required______________________________________________________________________________________\n- **Grounds** **Tracking device warrant (s. 13)**\n- Offence\n- Act or Regulations\n- Section or regulation no.\n- The offence — has been committed may have been committed is being committed is about to be committed is likely to be committed Date offence committed or expected to be committed\n- The use of a surveillance device would be likely to — assist an investigation into the offence enable evidence to be obtained of — the commission of the offence the identity of the offender the location of the offender\n- **Tracking device (maintenance/retrieval) warrant (s. 14)**\n- Vehicle\n- Location when device installed______________________________Current location\n- Person who installed device ________________________________ Member of police force Officer of the Corruption and Crime Commission Officer of a designated Commission Member of staff of Australian Crime Commission Member of prescribed class of persons Specify class ________________________________________\n- **Entry to premises** Entry, by force if necessary, is required to — (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 any premises where the vehicle on or in which the device is attached or installed may for the time being be any premises where the surveillance device to be retrieved may for the time being be\n- **Use of electricity supply** Authority is required to connect the surveillance device to an electricity supply system and use electricity from that system to operate the device\n- **Removal of vehicle** Authority is required to temporarily remove a vehicle from a premises for the purpose of — attaching installing maintaining retrievinga tracking device\n- Vehicle\n- Premises________________________________________________\n- **Signature of applicant** Date\n- **Note 1 — Identification of person under surveillance**\n- 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)\n- **Note 2 — Lodging of Application for warrant**\n- 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 *Surveillance Devices Act 1998*, s. 15(3)(a), (b), (c) and (f).An application should also be accompanied by a draft warrant in the form of the warrant being sought.\n\n\n[Form inserted: Gazette 8 Feb 2000 p. 458‑60; amended: Act No. 74 of 2004 s. 73(3); Gazette 5 May 2006 p. 1736; 21 Sep 2007 p. 4735.]\n\n![dline]()\n\nNotes\n\nThis is a compilation of the *Surveillance Devices Regulations 1999* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.\n\nCompilation table\n\n| **Citation** | | **Published** | | **Commencement** | |\n| --- | --- | --- | --- | --- | --- |\n| *Surveillance Devices Regulations 1999* | | 18 Nov 1999 p. 5767‑86 | | 22 Nov 1999 (see r. 2 and *Gazette* 22 Nov 1999 p. 5843) | |\n| *Surveillance Devices Amendment Regulations 1999* | | 8 Feb 2000 p. 457‑60 | | 8 Feb 2000 | |\n| *Australian Crime Commission (Western Australia) Act 2004* s. 73 assented to 8 Dec 2004 | | | | 1 Feb 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7130) | |\n| *Surveillance Devices Amendment Regulations 2005* | | 23 Sep 2005 p. 4363 | | 23 Sep 2005 | |\n| *Surveillance Devices Amendment Regulations 2006* | | 5 May 2006 p. 1735‑6 | | 5 May 2006 | |\n| **Reprint 1: The *Surveillance Devices Regulations 1999* as at 15 Dec 2006**    (includes amendments listed above) | | | | | |\n| *Surveillance Devices Amendment Regulations 2007* | | 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)) | |\n| *Surveillance Devices Amendment Regulations 2010* | | 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)) | |\n| **Reprint 2: The *Surveillance Devices Regulations 1999* as at 10 Sep 2010**    (includes amendments listed above) | | | | | |\n| *Surveillance Devices Amendment Regulations (No. 2) 2012* | | 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 *Gazette* 4 Jan 2013 p. 3) | |\n| *Surveillance Devices Amendment Regulations 2012* | | 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)) | |\n| *Surveillance Devices Amendment Regulations 2015* | | 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)) | |\n| *Surveillance Devices Amendment Regulations (No. 2) 2016* | | 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 *Gazette* 24 Jun 2016 p. 2291) | |\n| *Surveillance Devices Amendment Regulations 2016* | | 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)) | |\n| *Surveillance Devices Amendment Regulations (No. 3) 2016* | | 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)) | |\n| *Surveillance Devices Amendment Regulations 2017* | | 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)) | |\n| **Reprint 3: The *Surveillance Devices Regulations 1999* as at 13 Jul 2018** (includes amendments listed above) | | | | | |\n| *Surveillance Devices Amendment Regulations 2020* | | 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)) | |\n| *Surveillance Devices Amendment Regulations (No. 2) 2020* | | 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)) | |\n| *Surveillance Devices Amendment Regulations (No. 3) 2020* | | SL 2020/151 31 Aug 2020 | | 31 Aug 2020 (see r. 2) | |\n| *Surveillance Devices Amendment Regulations 2023* | | 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)) | |\n| *Police Regulations Amendment (Criminal Law Mental Impairment) Regulations 2024* Pt. 4 | | SL 2024/172 21 Aug 2024 | | 1 Sep 2024 (see r. 2(b)) | |\n| *Surveillance Devices Amendment Regulations 2025* | | 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)) | |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nBorder Search Area 6(4)\n\nemergency service 6(4)\n\nhospital 6(4)\n\nnursing home 6(4)\n\nPart 5 record 7(3)\n\npolice employee 6(4)\n\nprison 6(4)\n\npublic authority 6(4)\n\nresearcher 6(4)\n\nsuperintendent 6(4)\n\nsurveillance information 9(3)\n\nvulnerable patient 6(4)\n\n© State of Western Australia 2025.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2025.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The regulations have expanded significantly beyond the original 1999 scope. The original likely covered basic warrant forms and simple exemptions. Over 25 amendments have added: border search area police powers (2017), traffic monitoring authorities (2016), emergency management powers (2020), high-risk offender tracking (2020), mental impairment Act provisions (2023/2024), and expanded Commonwealth agency lists. The tracking device exemptions have grown from simple emergency/research uses to a complex web of bail, sentencing, and supervision order exceptions. This reflects evolving technology (GPS tracking becoming cheaper) and expanding law enforcement needs rather than a static implementation of the parent Act."},"complexity_factors":["Multiple cross-references to other WA Acts (Conservation and Land Management Act, Environmental Protection Act, Fish Resources Management Act, Prisons Act, etc.) and Commonwealth Acts","Nested conditions in Regulation 6 with multiple sub-paragraphs (1)(a) through (1)(e) and their own sub-sub-paragraphs (i) through (iv)","12 defined terms in Regulation 6(4) alone, plus others in Regulations 7 and 9","Extensive amendment history showing evolutionary complexity (25+ amendments since 1999)","Form templates with conditional fields ('strike out any parts not applicable') requiring users to navigate complex decision trees","Dual pathways for warrants vs emergency authorisations with different approval authorities (judges/magistrates vs Commissioner of Police)","Specific technical requirements for tracking device warrants vs listening/optical device warrants"],"plain_english_summary":"These regulations set out the practical rules for how Western Australia's Surveillance Devices Act 1998 actually works on the ground. They cover:\n\n**Who can use surveillance devices without a warrant**\n- Emergency services searching for missing people or objects\n- Hospitals and nursing homes tracking vulnerable patients who might wander off\n- Prisons tracking escaped prisoners\n- Researchers tracking objects for legitimate research\n- Traffic authorities monitoring roads\n- Police in border search areas detecting radio-emitting devices to spot criminal activity patterns\n- People tracking their own stolen property (if they reasonably believe it was stolen)\n- Various court-ordered supervision programs (bail, sentencing, mental health orders, etc.)\n\n**Paperwork and procedures**\n- The specific forms needed for warrants, emergency authorisations, and tracking device applications\n- Which Commonwealth agencies (ASIO, Federal Police, ACCC, Defence, Immigration) can operate under the Act\n- Which additional officers (conservation officers, fisheries officers, environmental inspectors, etc.) count as \"law enforcement officers\"\n\n**Record keeping and reporting**\n- How police and corruption commissions must store and destroy surveillance records\n- What must go in annual reports about warrant applications\n\n**Offences**\n- Making it illegal to possess surveillance information (recordings, location data, etc.) unless you're a law enforcement officer, assisting one, or obtained it lawfully. Maximum penalty: $5,000.\n\n**Why it matters**: These rules balance public safety and law enforcement needs against privacy rights. They create exceptions to the general rule that you need a warrant to track or record someone, but only in specific circumstances like emergencies, healthcare, or stolen property recovery."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The regulations have been amended repeatedly (see compilation table). Key scope expansions include: prescribing additional classes of state officers as 'law enforcement officers' (regulation 4, inserted 2010), listing specific Commonwealth agencies (regulation 5, amended 2015), and broadening warrantless use of tracking devices to cover emergency services, hospitals (vulnerable patients), prisons, researchers, road traffic monitoring authorities and police activity in Border Search Areas (regulation 6, multiple amendments). They also introduced detailed storage/destruction rules for Part 5 records (regulation 7), added reporting details (regulation 8/8A) and fixed an offence for unlawful possession (regulation 9). These changes materially broaden who may act and when surveillance devices may be used, and add procedural and compliance obligations for agencies."},"complexity_factors":["Extensive cross‑references to multiple other Acts (e.g. Conservation and Land Management Act, Misuse of Drugs Act, Guardianship and Administration Act, Main Roads Act and various sentencing and corrections Acts) which require readers to consult external statutes.","Numerous prescribed classes and exceptions (regulation 4 and regulation 6) creating branching rules for warrantless tracking device use.","Procedural detail expressed via multiple prescribed forms and form‑based requirements (regulation 3 and Schedule 1).","Record‑keeping and destruction obligations tying to Part 5 records (regulation 7) and specific annual reporting data elements (regulation 8).","Criminal offence for unlawful possession with a monetary penalty (regulation 9) and tightly defined lawful possession exceptions.","Layered delegations and authorisations (e.g. Commissioner may designate police employees under r.6(1A); various authorised persons can issue emergency authorisations) increasing discretionary decision‑points.","Multiple amendments over time reflected in the compilation table, meaning current scope depends on historical changes."],"plain_english_summary":"These regulations set practical rules for using surveillance devices in Western Australia: standard forms, who may act, when tracking devices can be used without a warrant, record‑keeping and reporting duties, and a $5,000 offence for unlawful possession of surveillance information. They affect police, specified state enforcement officers, designated commissions, hospitals, prisons, researchers and certain Commonwealth agencies.\n\nDecisions are taken by judges, magistrates, the Commissioner of Police and authorised officials; compliance costs fall on agencies that deploy or store surveillance material."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was available for analysis. The page returned was a system error/maintenance notice from the Western Australian Parliamentary Counsel's Office, containing no substantive legal content."},"complexity_factors":["No legislative content was retrievable — the source URL returned an error page only","Cannot assess definitively — score of 1 reflects absence of analysable content, not simplicity of the underlying law","Surveillance device regulations in other jurisdictions are typically moderately complex (4–6 range), involving cross-references to parent Acts, defined terms, and law enforcement procedures"],"plain_english_summary":"The Surveillance Devices Regulations 1999 (WA) set rules for the use, oversight and record‑keeping of devices that monitor, record or track people, locations or conversations. They determine who may lawfully deploy such devices, the circumstances and safeguards for their use, and reporting duties — affecting police, authorised officers, investigators, employers and members of the public."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/surveillance-devices-regulations-1999","history":"/api/acts/surveillance-devices-regulations-1999/history","analysis":"/api/acts/surveillance-devices-regulations-1999/analysis","conflicts":"/api/acts/surveillance-devices-regulations-1999/conflicts","importantCases":"/api/acts/surveillance-devices-regulations-1999/important-cases","documents":"/api/acts/surveillance-devices-regulations-1999/documents"}}