37Use of optical surveillance devices without warrant

#### 37 Use of optical surveillance devices without warrant (1) A federal law enforcement officer acting in the course of his or her duties may, without warrant, use an optical surveillance device for any purpose: (a) if the officer belongs or is seconded to the Australian Federal Police—that is within the functions of the Australian Federal Police set out in section 8 of the Australian Federal Police Act 1979; or (aa) if the officer belongs or is seconded to the National Anti‑Corruption Commission—that is within the functions of the National Anti‑Corruption Commissioner set out in section 17 of the National Anti‑Corruption Commission Act 2022; or (b) if the officer belongs or is seconded to the Australian Crime Commission—that is within the functions of the Commission set out in section 7A of the Australian Crime Commission Act 2002; if the use of that device does not involve: (c) entry onto premises without permission; or (d) interference without permission with any vehicle or thing. (2) A State or Territory law enforcement officer acting in the course of his or her duties may, without warrant, use an optical surveillance device in the investigation of a relevant offence (other than a State offence that has a federal aspect) if the use of that device does not involve: (a) entry onto premises without permission; or (b) interference without permission with any vehicle or thing. (3) A State or Territory law enforcement officer acting in the course of his or her duties may, without warrant, use an optical surveillance device in the location and safe recovery of a child to whom a recovery order relates if the use of that device does not involve: (a) a trespass on premises; or (b) interference without permission with any vehicle or thing. (4) If a Part 5.3 supervisory order is in force in relation to a person, a State or Territory law enforcement officer acting in the course of his or her duties may, without warrant, use an optical surveillance device to obtain information about the activities of the person for either of the following purposes: (a) achieving a Part 5.3 object; (b) determining whether the Part 5.3 supervisory order has been, or is being, complied with; if the use of that device does not involve: (e) entry onto premises without permission; or (f) interference without permission with any vehicle or thing. (5) If a community safety supervision order is in force in relation to a person, a State or Territory law enforcement officer acting in the course of the officer’s duties may, without warrant, use an optical surveillance device to obtain information about the activities of the person for either of the following purposes: (a) achieving a Part 9.10 object; (b) determining whether the community safety supervision order has been, or is being, complied with; if the use of that device does not involve: (c) entry onto premises without permission; or (d) interference without permission with any vehicle or thing.