Commonwealth agencies, instrumentalities and bodies 2
Use of tracking devices without warrant 3
Storage and destruction of Part 5 records 7
Annual reports 7
8A. Reports by designated Commission 8
Unlawful possession of surveillance information 8
Schedule 1 — Forms
Notes
Compilation table 23
Defined terms
Surveillance Devices Act 1998
Surveillance Devices Regulations 1999
1. Citation
These regulations may be cited as the Surveillance Devices Regulations 1999 1*.*
2. Commencement
These regulations come into operation on the day on which the Surveillance Devices Act 1998 comes into operation 1.
3. Forms
(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.
(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.
(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.
(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.
[Regulation 3 amended: Gazette 8 Feb 2000 p. 458; 5 May 2006 p. 1735.]
4. Law enforcement officers, classes prescribed
For 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 —
(a) conservation and land management officers (as defined in the section 3);
(b) forest officers (as defined in the Conservation and Land Management Act 1984 section 3);
(c) rangers (as defined in the Conservation and Land Management Act 1984 section 3);
(d) wildlife officers (as defined in the Conservation and Land Management Act 1984 section 3);
(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;
(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).
[Regulation 4 inserted: Gazette 6 Jul 2010 p. 3225.]
5. Commonwealth agencies, instrumentalities and bodies
The following Commonwealth agencies, instrumentalities and bodies are prescribed for the purposes of section 4(2) of the Act —
(a) Australian Security Intelligence Organization continued by section 6 of the Australian Security Intelligence Organization Act 1979 of the Commonwealth; and
(b) Australian Federal Police established by section 6 of the Australian Federal Police Act 1979 of the Commonwealth; and
[(c) deleted]
(d) Australian Competition and Consumer Commission established by section 6A of the Trade Practices Act 1974 of the Commonwealth; and
(e) the department of the Commonwealth public service responsible for administering the Migration Act 1958 of the Commonwealth; and
(f) each of the armed forces of the Commonwealth.
[Regulation 5 amended: Gazette 1 Dec 2015 p. 4821.]
6. Use of tracking devices without warrant
(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 —
(a) by an emergency service to locate the person who is, or object that is, the subject of a search operation;
(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;
(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;
(d) by a researcher in relation to an object the geographical location of which is relevant to research being carried out by that person;
(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;
(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;
(e) for the purposes of any of the following —
(i) Bail Act 1982 section 50L(1)(a) or Schedule 1 Part D clause 3(4);
(iia) Criminal Law (Mental Impairment) Act 2023 section 55(3)(e), 78(5)(e) or 86(1)(b);
(iib) Emergency Management Act 2005 section 70A(2) or (4);
(iic) High Risk Serious Offenders Act 2020 section 31(3);
(ii) Sentence Administration Act 2003 section 30(c) or (e)(i), 57(2)(a) or 74G(c), (d) or (e);
(iv) Young Offenders Act 1994 section 109B(1)(a) or 136B(1)(a).
(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.
(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 —
(a) was in the person’s possession or under the person’s control when the device was attached or installed; and
(b) is no longer in the person’s possession or under the person’s control; and
(c) the person reasonably believes to have been stolen.
(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 —
(a) if a guardian has been appointed for the patient under the Guardianship and Administration Act 1990, the guardian; or
(b) otherwise —
(i) the patient’s next of kin; or
(ii) if the patient’s next of kin is not known, the Public Advocate under the Guardianship and Administration Act 1990.
(4) In this regulation —
Border Search Area has the meaning given in the Misuse of Drugs Act 1981 section 20N(1);
emergency service means —
(a) the police force of the State or of another State or a Territory; or
(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
(c) a voluntary or community rescue organisation; or
(d) the Australian Maritime Safety Authority established under the Australian Maritime Safety Authority Act 1990 (Commonwealth) section 5;
hospital has the meaning given in the Health Services Act 2016 section 8(4);
nursing 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);
police employee means an employee, or a person who is of a class of employee, designated under subregulation (1A);
prison has the same meaning as in the Prisons Act 1981;
public authority has the meaning given in the Criminal Procedure Act 2004 section 3(1);
researcher means —
(a) a member of the staff of, or a student at, a school, college, university or other educational or training institution; or
(b) a member of the staff of, or person working for, a government agency, instrumentality or body;
superintendent has the same meaning as in the Prisons Act 1981;
vulnerable patient means a hospital patient or nursing home resident 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 and safety; or
(b) being under a legal obligation to remain in the hospital or nursing home, 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.
[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.]
7. Storage and destruction of Part 5 records
(1) The Commissioner of Police, the Corruption and Crime Commission, a designated Commission and the Australian Crime Commission must —
(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
(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.
(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.
(3) In this regulation —
Part 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.
[Regulation 7 amended: Act No. 74 of 2004 s. 73(2); Gazette 5 May 2006 p. 1736; 21 Sep 2007 p. 4735.]
8. Annual reports
(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 —
(a) withdrawn; and
(b) made by the applicant on behalf of another law enforcement officer; and
(c) made by means other than filing a written application at the court.
(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.
8A. Reports by designated Commission
The 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.
[Regulation 8A inserted: Gazette 21 Sep 2007 p. 4735.]
9. Unlawful possession of surveillance information
(1) A person who is unlawfully in possession of surveillance information commits an offence.
Penalty: $5 000.
(2) It is lawful for a person to be in possession of surveillance information only if —
(a) the person is a law enforcement officer and has possession of the surveillance information in the course of his or her duty; or
(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
(c) the surveillance information was obtained in accordance with Part 5 of the Act; or
(d) the surveillance information was obtained by the person —
(i) from a person who was lawfully in possession of that information; and
(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.
(3) In this regulation —
surveillance 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.
Schedule 1 — Forms
[r. 3]
No.FormSection of Act
1 Warrant 13, 14, 17, 19 and 22
2 Application for emergency authorisation 21
3 Emergency authorisation 21
4 Application for —• tracking device warrant• tracking device (maintenance/retrieval) warrant 15 and 19
Surveillance Devices Act 1998, s. 13, 14, 17, 19 and 22Warrant Supreme Court judge MagistrateAt.........................................
Strike out any parts of this form that are not applicable
Person to whom warrant is issued Name
Member of police force Officer of the Corruption and Crime Commission Officer of a designated Commission Member of staff of Australian Crime Commission
Warrant issued on behalf of another law enforcement officer
(Name)
Person, object or premises****under surveillance Person______________________________________________ Unknown person ____________________________________ Object______________________________________________ Premises____________________________________________
Offence Offence_________________________________________________Act or Regulations _______________________________________Section or regulation no.
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
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
Where practicable the surveillance device should be retrieved or rendered inoperable during the period that the warrant is in force
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
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
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
You must return the vehicle to the premises when the device has been attached, installed, maintained or retrieved
Period of warrant//______ to //______, being ___________________days
The warrant may be used at any time of the day or night
Conditions This warrant is subject to these conditions
Issue of warrant Signature Judge / MagistrateDate Time
[Form amended: Act No. 74 of 2004 s. 73(3); Gazette 5 May 2006 p. 1736; 21 Sep 2007 p. 4735.]
Surveillance Devices Act 1998, s. 21Application for emergency authorisation
Strike out any parts of this form that are not applicable
Applicant Name
Business address
Postcode
Phone no.
Member of police force Officer of the Corruption and Crime Commission Officer of a designated Commission Member of staff of Australian Crime Commission
Person, object or premises under surveillance Person______________________________________________ Unknown person Object______________________________________________ Premises____________________________________________
Action for which authorisation
is 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
GroundsImminent threat
Threat of serious violence to a person Name______________________________________________ Threat of substantial damage to property Description
Grounds cont.Offence
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
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
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
These factors make the circumstances serious________________________________________________________________________________________________________________________________________________________________________________________These factors make the matter urgent _______________________________________________________________________________________________________________________________________
Reasons an application under section 15 or 16 for a warrant is not practicable _____________________________________________________________________________________________________
Retrieval to avoid jeopardizing investigation of drug offence
Indictable drug offence Relevant section of Misuse of Drugs Act 1981 — 6(1) 7(1) 33(1)(a) 33(2)(a)
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)
These factors make the circumstances serious________________________________________________________________________________________________________________________________________These factors make the matter urgent_____________________________________________________________________________________
Reasons an application under section 22 for a warrant is not practicable_________________________________________________
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
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
Removal of vehicle Authorisation is required to temporarily remove a vehicle from a premises for the purpose of — attaching installing maintaining retrievinga tracking device
Period of authorisation Period for which authorisation is required __________________daysReason this period is required _________________________________________________________________________________________
Signature of applicant Date
[Form amended: Act No. 74 of 2004 s. 73(3); Gazette 5 May 2006 p. 1736; 21 Sep 2007 p. 4735.]
Surveillance Devices Act 1998, s. 21Emergency authorisation
Strike out any parts of this form that are not applicable
Authorised person Name
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
Commission
Person to whom authorisation is issued Name
Member of the police force Officer of the Corruption and Crime Commission Officer of a designated Commission Member of staff of Australian Crime Commission
Person, object or premises****under surveillance Person_______________________________________________ Unknown person Object_______________________________________________ Premises_____________________________________________
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
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
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.
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
You must return the vehicle to the premises when the device has been attached, installed, maintained or retrieved
Period of authorisation//______ to //______, being ______________days
The authorisation may be used at any time of the day or night
Conditions This authorisation is subject to these conditions
Authorised person(s) SignatureDate Time
SignatureDate Time
[Form amended: Act No. 74 of 2004 s. 73(3) and (4); Gazette 5 May 2006 p. 1736; 21 Sep 2007 p. 4735.]
Surveillance Devices Act 1998, s. 15 and 19
Application for —
• tracking device warrant
• tracking device (maintenance/retrieval) warrant
Strike out any parts of this form that are not applicable
Applicant Name
Business address
Postcode
Phone no.
Member of police force Officer of the Corruption and Crime Commission Officer of a designated Commission Member of staff of Australian Crime Commission
Application is made on behalf of another law enforcement officer (Name)
Person, object or premises under surveillance Person (see note 1)_______________________________________________ Unknown person Object _____________________________________________ Premises____________________________________________
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
New warrant Extension of current warrant
Period of warrant Period for which warrant is required days Reason this period is required________________________________________________________________
GroundsTracking device warrant (s. 13)
Offence
Act or Regulations
Section or regulation no.
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
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
Tracking device (maintenance/retrieval) warrant (s. 14)
Vehicle
Location when device installed______________________________Current location
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 ________________________________________
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
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
Removal of vehicle Authority is required to temporarily remove a vehicle from a premises for the purpose of — attaching installing maintaining retrievinga tracking device
Note 1 — Identification of person under surveillance
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)
Note 2 — Lodging of Application for warrant
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.
[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.]
dline
Notes
This 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.
Compilation table
Citation
Published
Commencement
Surveillance Devices Regulations 1999
18 Nov 1999 p. 5767‑86
22 Nov 1999 (see r. 2 and Gazette 22 Nov 1999 p. 5843)
Surveillance Devices Amendment Regulations 1999
8 Feb 2000 p. 457‑60
8 Feb 2000
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)
Surveillance Devices Amendment Regulations 2005
23 Sep 2005 p. 4363
23 Sep 2005
Surveillance Devices Amendment Regulations 2006
5 May 2006 p. 1735‑6
5 May 2006
Reprint 1: The Surveillance Devices Regulations 1999 as at 15 Dec 2006 (includes amendments listed above)
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))
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))
Reprint 2: The Surveillance Devices Regulations 1999 as at 10 Sep 2010 (includes amendments listed above)
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