{"id":"surveillance-devices-regulations-2008","name":"SURVEILLANCE DEVICES REGULATIONS 2008","slug":"surveillance-devices-regulations-2008","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177161,"registerId":"nt-surveillance-devices-regulations-2008-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"SURVEILLANCE DEVICES REGULATIONS 2008","content":"NORTHERN TERRITORY OF AUSTRALIA\nSURVEILLANCE DEVICES REGULATIONS 2008\nAs in force at 30 October 2024\nTable of provisions\n1 Citation ............................................................................................ 1\n2 Corresponding laws ......................................................................... 1\n3 When tracking device may be installed, used or maintained ........... 1\n4 Use, communication or publication of police body-worn video ........ 3\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 30 October 2024\n____________________\nSURVEILLANCE DEVICES REGULATIONS 2008\nRegulations under the Surveillance Devices Act 2007\n1 Citation\nThese Regulations may be cited as the Surveillance Devices\nRegulations 2008.\n2 Corresponding laws\nFor the definition corresponding law in section 4 of the Act, each\nof the following is declared to be a corresponding law:\n(a) Police Powers and Responsibilities Act 2000 (Qld);\n(b) Police Powers (Surveillance Devices) Act 2006 (Tas);\n(c) Surveillance Devices Act 1999 (Vic);\n(d) Surveillance Devices Act 2007 (NSW);\n(e) Crimes (Surveillance Devices) Act 2010 (ACT).\n3 When tracking device may be installed, used or maintained\n(1) For section 13(2)(d) of the Act, a person may install, use or\nmaintain a tracking device in the following circumstances:\n(a) in accordance with the directions of the person in charge of an\nemergency or search and rescue operation to search for a\nperson or thing during the operation;\n(b) in accordance with the directions of the person in charge of a\nhospital or nursing home (the manager) to monitor the\nlocation of a patient if:\n(i) the patient is under a legal obligation to stay in the\nhospital or nursing home and the manager reasonably\nbelieves the patient is likely to try to leave; or\n\nSurveillance Devices Regulations 2008 2\n(ii) the manager reasonably believes the patient is likely,\nbecause of illness, lack of awareness or other\nincapacity, to leave the hospital or nursing home without\nproper regard to his or her health or safety; or\n(iii) if the manager reasonably believes the patient is likely to\nbe unlawfully taken from the hospital or nursing home;\n(c) in accordance with the directions of the Commissioner of\nCorrectional Services or person in charge of a custodial\ncorrectional facility, to monitor the activities and location of a\nprisoner in the facility;\n(d) in accordance with the directions of the Commissioner of\nCorrectional Services or CEO (Youth Justice) to monitor the\nactivities and location of a monitored offender to the extent\nthat the offender is required by the monitoring requirement to\nsubmit to the monitoring;\n(da) in accordance with the directions of the Commissioner of\nPolice to monitor the location of an accused person who has\nentered into a relevant conduct agreement;\n(e) to monitor the location of an animal or thing the subject of a\nresearch project.\n(2) In this regulation:\nCEO (Youth Justice) means the Chief Executive Officer (as\ndefined in section 19 of the Public Sector Employment and\nManagement Act 1993) of the Agency responsible for youth justice.\ncustodial correctional facility, see section 11(1)(a) of the\nCorrectional Services Act 2014.\nmonitored offender means a person subject to a monitoring\nrequirement.\nmonitoring requirement means any of the following:\n(a) a community correction order or intensive community\ncorrection order made under the Sentencing Act 1995;\n(ab) a suspended sentence of imprisonment imposed under\nsection 40 of the Sentencing Act 1995;\n(ac) a home detention order, community custody order or\ncommunity based order made under the Sentencing Act 1995\nas in force before the commencement of Part 2 of the\nSentencing and Other Legislation Amendment Act 2022;\n\nSurveillance Devices Regulations 2008 3\n(ad) an order made under section 11 or 13 of the Sentencing\nAct 1995 as in force before the commencement of Part 2 of\nthe Sentencing and Other Legislation Amendment Act 2022;\n(b) an alternative detention order under the Youth Justice\nAct 2005 that is subject to a condition mentioned in\nsection 102(1)(b) of that Act;\n(c) a conduct agreement under the Bail Act 1982 that is subject to\na condition mentioned in section 27A(1)(ia) or (ib) of that Act;\n(d) a parole order under the Parole Act 1971 that is subject to a\ncondition mentioned in section 5A(3)(b) of that Act;\n(e) a supervision order under the Serious Sex Offenders Act 2013\nif the supervisee is subject to a monitoring obligation as\ndefined in section 64(2) of that Act;\n(f) a leave permit under Part 3.3 of the Correctional Services\nAct 2014.\nrelevant conduct agreement means a conduct agreement under\nthe Bail Act 1982 containing a provision mentioned in\nsection 27A(1)(iaa) or (iab) of that Act.\n4 Use, communication or publication of police body-worn video\nFor section 53(4)(c) of the Act, the following purposes are\nprescribed purposes:\n(a) an application or an investigation of a complaint under the\nInformation Act 2002 or a law of a participating jurisdiction or\nof the Commonwealth about privacy of personal information or\naccess to information held by public sector organisations,\nother than for the purpose mentioned in section 53(1)(h) of the\nAct;\n(b) a proceeding before NTCAT, including preparation for the\nproceeding;\n(c) a civil proceeding, including preparation for the proceeding;\n(d) an investigation or inquest conducted under the Coroners\nAct 1993;\n(e) an investigation of a complaint under the Anti-Discrimination\nAct 1992;\n(f) an investigation of a complaint under the Liquor Act 2019;\n\nSurveillance Devices Regulations 2008 4\n(g) an investigation of a complaint under the Children's\nCommissioner Act 2013;\n(h) a television broadcast, radio broadcast, internet broadcast or\nother broadcast if authorised by a contract:\n(i) between the Agency responsible for the police force of\nthe Territory and a media production company; and\n(ii) that protects the privacy of personal information.\n\nENDNOTES\nSurveillance Devices Regulations 2008 5\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nSurveillance Devices Regulations (SL No. 2, 2008)\nNotified 5 March 2008\nCommenced 5 March 2008\nSurveillance Devices Amendment Regulations 2010 (SL No. 8, 2010)\nNotified 30 June 2010\nCommenced 30 June 2010\nPrisons (Correctional Services) (Community Orders) Regulations 2011 (SL No. 53,\n2011)\nNotified 20 December 2011\nCommenced 27 February 2012 (r 2, s 2 Justice (Corrections) and Other\nLegislation Amendment Act 2011 (Act No. 24, 2011) and Gaz\nS9, 21 February 2012)\nSerious Sex Offenders Act 2013 (Act No. 9, 2013)\nAssent date 3 May 2013\nCommenced 1 July 2013 (Gaz G24, 12 June 2013, p 2)\nCorrectional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,\n2014)\nAssent date 4 September 2014\nCommenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)\nSurveillance Devices Amendment Regulations 2015 (SL No. 33, 2015)\nNotified 23 December 2015\nCommenced 23 December 2015\nBail Amendment Act 2017 (Act No. 5, 2017)\nAssent date 17 March 2017\nCommenced 20 March 2017 (Gaz S11, 20 March 2017)\n\nENDNOTES\nSurveillance Devices Regulations 2008 6\nParole Amendment Act 2017 (Act No. 17, 2017)\nAssent date 30 August 2017\nCommenced 13 September 2017 (Gaz G37, 17 September 2017, p 6)\nYouth Justice Legislation Amendment Act 2017 (Act No. 19, 2017)\nAssent date 30 October 2017\nCommenced 5 January 2018 (Gaz G51, 20 December 2017, p 4)\nSurveillance Devices Amendment Regulations 2021 (SL No. 1, 2021)\nNotified 26 February 2021\nCommenced 1 March 2021 (r 2)\nPolice Legislation Further Amendment Act 2023 (Act No. 18, 2023)\nAssent date 17 August 2023\nCommenced 21 September 2023 (Gaz S67, 20 September 2023)\nJustice and Other Legislation Amendment Act 2024 (Act No. 4, 2024)\nAssent date 14 March 2024\nCommenced pt 5, div 1: 30 October 2023 (s 2(2));\npt 3, div 2: 25 March 2024 (s 2(3), s 2 Sentencing and Other\nLegislation Amendment Act 2022 (Act No. 28, 2022) and\nGaz S19, 22 March 2024); pt 4: 25 March 2024 (s 2(4), s 2\nCriminal Justice Legislation Amendment (Sexual Offences)\nAct 2023 (Act No. 20, 2023) and Gaz S20, 22 March 2024);\nrem: 15 March 2024 (s 2(1))\nPolice Administration Amendment Act 2024 (Act No. , 2024)\nAssent date 29 October 2024\nCommenced 30 October 2024 (s 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: rr: 1 and 3\n4 LIST OF AMENDMENTS\nr 2 ins No. 8, 2010, r 4\namd No. 33, 2015, r 3\nr 3\n(former r 2) renum No. 8, 2010, r 3\namd No. 53, 2011, r 46; Act No. 9, 2013, s 136; Act No. 27, 2014, s 57; Act\nNo. 5, 2017, s 14; Act No. 17, 2017, s 15; Act No. 19, 2017, s 39; Act No. 4,\n2024, s 71\nr 4 ins No. 1, 2021, r 4\namd Act No. 18, 2023, s 22; Act No. 17, 2024, s 16","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulations have expanded significantly from their original 2008 scope. Originally focused on basic tracking device exemptions (emergency services, hospitals, corrections), they have grown to cover: (1) an increasingly complex array of sentencing and bail regimes including historical sentencing orders that no longer exist but still apply to past offenders, (2) police body-worn video usage rules added in 2021, and (3) media broadcast permissions. The tracking device provisions now reference at least 7 different Acts and multiple temporal versions of the same Act, moving well beyond simple operational exemptions into intricate criminal justice monitoring frameworks."},"complexity_factors":["Multiple cross-references to other NT Acts (Sentencing Act 1995, Bail Act 1982, Youth Justice Act 2005, Parole Act 1971, Serious Sex Offenders Act 2013, Correctional Services Act 2014) requiring knowledge of those schemes","Nested definitions in Regulation 3(2): 'monitoring requirement' contains 6 sub-categories (a-f) with some having their own sub-points (ab, ac, ad), creating a matrix of different correctional and bail statuses","Temporal complexity: references to legislation 'as in force before' specific amendment dates (e.g., Sentencing Act provisions pre-2022 amendments) requiring historical knowledge of sentencing law","Regulation 4 uses the phrase 'prescribed purposes' which requires reading back to section 53(4)(c) of the parent Act to understand the context","Specific contractual requirements in Regulation 4(h) for media broadcasts (two-tier test: contract must exist AND must protect privacy)","Multiple agency heads with specific titles (Commissioner of Correctional Services, CEO (Youth Justice), Commissioner of Police) creating administrative complexity"],"plain_english_summary":"**What this is:** These are regulations made under the Northern Territory's Surveillance Devices Act 2007. They fill in the details that the main Act leaves out—specifically, when it's legal to use tracking devices and when police body-worn camera footage can be shared or used.\n\n**Who it affects:**\n- **Police and corrections staff** – they get clear rules on when they can track people (prisoners, bail recipients, people on community orders, etc.)\n- **Hospitals and nursing homes** – managers can use tracking devices on patients in specific circumstances (flight risks, dementia patients, kidnapping risks)\n- **Researchers** – they can track animals or equipment for research projects\n- **The general public** – anyone whose footage might be captured by police body-worn cameras, and anyone who wants to know when that footage can be released\n\n**The two main things it does:**\n\n**1. Legal tracking (Regulation 3)**\nNormally, sticking a tracking device on someone or something is illegal. These regulations create exceptions for:\n- **Emergency/rescue operations** – finding missing people or things\n- **Healthcare settings** – monitoring patients who might wander off (dementia, mental health issues) or who are legally required to stay (involuntary patients)\n- **Prisons and corrections** – monitoring prisoners and people on community orders, bail, parole, or supervision orders\n- **Police bail monitoring** – tracking accused people who've agreed to location monitoring as part of their bail conditions\n- **Research** – tracking animals or objects for legitimate research\n\n**2. Police body-worn video (Regulation 4)**\nPolice wear cameras that record interactions. This regulation says when that footage can be used beyond standard policing purposes:\n- Privacy complaints and Freedom of Information requests\n- Court cases (civil proceedings and NTCAT matters)\n- Coronial inquests (investigations into deaths)\n- Discrimination, liquor licensing, and children's commissioner investigations\n- **TV and media broadcasts** – but only if there's a contract protecting privacy\n\n**Why it matters:**\nThese regulations balance public safety and law enforcement needs against privacy rights. They stop tracking from being a free-for-all while allowing legitimate uses. They also control how intrusive police footage gets used—preventing random publication while allowing it for accountability (courts, complaints) and limited media purposes."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Since commencement the Regulations have been amended to expand and clarify authorised uses: they now enumerate additional corresponding laws (r 2), broaden contexts where tracking devices may be used (including monitored offenders and relevant conduct agreements) and prescribe specific purposes for police body‑worn video disclosures (r 3, r 4). The Endnotes record multiple amendments that adjusted scope and cross‑statutory references."},"complexity_factors":["Extensive cross‑references to multiple other statutes (Sentencing Act 1995, Bail Act 1982, Parole Act 1971, Correctional Services Act 2014 and others) increasing legal interdependence (r 3(2))","Detailed, categorical list of monitoring requirements that vary by sentence, order or agreement, requiring users to identify applicable authority for each case (r 3(2))","Delegated discretion to named officials and managers to authorise installation/use of tracking devices (person in charge of emergency/search; hospital manager; Commissioner of Correctional Services; Commissioner of Police) creating fact‑sensitive application (r 3(1)(a)–(da))","Prescribed permitted purposes for body‑worn video include multiple procedural and media uses with specific contractual privacy protection condition for broadcasts (r 4(h))","Amendment history and insertion of new categories over time add interpretive complexity about current scope and transitional application (Endnotes, List of amendments)"],"plain_english_summary":"These Regulations set out when tracking devices may be installed or used and what lawful uses of police body‑worn video are allowed. They authorise managers, police and correctional officials to direct tracking for emergencies, hospitals, custodial settings, court‑ordered monitoring and research (r 3), and list permitted disclosure reasons for police body‑worn video such as legal proceedings, inquests and authorised broadcasts (r 4). Regulated actors must comply with the conditions in the Regulations and underlying Acts (r 3, r 4)."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available information, there is no clear indication that the scope changed from the original intent. These appear to be standard administrative regulations supporting the parent Surveillance Devices Act. The delayed commencement may reflect implementation adjustments but does not necessarily indicate a change in scope."},"complexity_factors":["Regulations are secondary legislation sitting beneath a parent Act, requiring understanding of both instruments together","Surveillance law intersects with constitutional privacy rights, criminal procedure, and administrative law","The significant gap between the date of making (February 2021) and commencement (October 2024) adds interpretive uncertainty about transitional arrangements","Limited detail is provided in the excerpt, making it difficult to assess the full technical complexity of the substantive provisions","Agency-specific procedures (warrant applications, record-keeping) can involve technical administrative steps"],"plain_english_summary":"These regulations set out the practical procedures under the Surveillance Devices Act for how authorities obtain and manage use of listening, tracking and camera devices — covering warrant processes, record‑keeping, forms and reporting. They mainly affect law enforcement and the Attorney‑General’s Department and indirectly the public by shaping how privacy is balanced against investigatory powers. Note the unusual delayed commencement (30 October 2024) after the 2021 making date."}},"importantCases":[],"_links":{"self":"/api/acts/surveillance-devices-regulations-2008","history":"/api/acts/surveillance-devices-regulations-2008/history","analysis":"/api/acts/surveillance-devices-regulations-2008/analysis","conflicts":"/api/acts/surveillance-devices-regulations-2008/conflicts","importantCases":"/api/acts/surveillance-devices-regulations-2008/important-cases","documents":"/api/acts/surveillance-devices-regulations-2008/documents"}}