data surveillance device means any device capable of being used to record or monitor the input of information into or the output of information from a computer, but does not include an optical surveillance device; device includes instrument, apparatus and equipment; S. 3(1) def. of Director inserted by No. 63/2004 s. 9(1)(a), amended by No. 34/2008 s. 143(Sch. 2 item 11(a)), repealed by No. 13/2012 s. 13(2)(b). * * * * * disciplinary proceedings means proceedings of a disciplinary nature under an Act of Victoria, the Commonwealth or another State or a Territory of the Commonwealth; emergency authorisation means an emergency authorisation given under Division 3 of Part 4; enhancement equipment, in relation to a surveillance device, means equipment capable of enhancing a signal, image or other information obtained by the use of the surveillance device; S. 3(1) def. of Game Management Authority inserted by No. 24/2014 s. 82(1). Game Management Authority means the Game Management Authority established under Part 2 of the Game Management Authority Act 2014;
S. 3(1) def. of IBAC inserted by No. 13/2012 s. 13(1)(e). IBAC means the Independent Broad-based Commission established under the Independent Broad-based Anti-corruption Commission Act 2011; install includes attach; S. 3(1) def. of jurisdiction inserted by No. 26/2004 s. 5(1)(a). jurisdiction means a State or Territory of the Commonwealth; S. 3(1) def. of law enforcement agency inserted by No. 26/2004 s. 5(1)(a) (as amended by No. 63/2004 s. 13(1)(a)), amended by Nos 13/2012 s. 13(1)(b) (2)(c), 24/2014 s. 82(3), 27/2016 s. 40(1)(b), 68/2016 s. 171(c). law enforcement agency means the following agencies— (a) Victoria Police; (b) the Australian Crime Commission; (c) the Department of Environment, Land, Water and Planning; (d) the Victorian Fisheries Authority; (da) the IBAC; (e) the Game Management Authority;
S. 3(1) def. of law enforcement officer amended by Nos 52/2003 s. 52(Sch. 1 item 11(1)(b)), 63/2004 s. 9(1)(c), substituted by No. 26/2004 s. 5(1)(c) (as amended by No. 63/2004 s. 13(2)(b)), amended by Nos 13/2012 s. 13(1)(c) (2)(d), 24/2014 s. 82(4), 37/2014 s. 10(Sch. item 163.1(a)(ii)), 27/2016 s. 40(1)(c), 68/2016 s. 171(d). law enforcement officer means— (a) in relation to Victoria Police— (i) a police officer; or (ii) a person who is seconded to Victoria Police, including (but not limited to) a member of the police force or police service (however described) of another jurisdiction; (b) in relation to the Australian Crime Commission— (i) a member of staff of the Australian Crime Commission; or (ii) a person who is seconded to the Australian Crime Commission, including (but not limited to) a member of the police force or police service (however described) of another jurisdiction; (c) in relation to the Department of Environment, Land, Water and Planning— (i) an employee of that department appointed as an authorised officer under section 83 of the Conservation, Forests and Lands Act 1987; or (ii) a person who is seconded to that department, including (but not limited to) a member of the police force or police service (however described) of another jurisdiction;
(k) section 80(1) (aiding and abetting etc.) in circumstances where the offence that is aided, abetted, counselled, procured, solicited or incited is an offence referred to in paragraph (h) or (i); S. 3(1) def. of Special Investigations Monitor inserted by No. 26/2004 s. 5(1)(a) (as amended by No. 63/2004 s. 13(1)(d)), repealed by No. 82/2012 s. 138(2). * * * * * S. 3(1) def. of surveillance device substituted by No. 26/2004 s. 5(1)(k). surveillance device means— (a) a data surveillance device, a listening device, an optical surveillance device or a tracking device; or (b) a device that is a combination of any 2 or more of the devices referred to in paragraph (a); or (c) a device of a kind prescribed by the regulations; S. 3(1) def. of surveillance device warrant inserted by No. 26/2004 s. 5(1)(a). surveillance device warrant means a warrant issued under Subdivision 2 of Division 1 of Part 4 or under section 30(3); S. 3(1) def. of tablet computer inserted by No. 54/2017 s. 3. tablet computer means a mobile computer that contains a camera and a microphone;
(a) the extent to which the privacy of any person is likely to be affected; and S. 20E(2)(b) amended by No. 72/2011 s. 36(1). (b) the public interest in retrieving the device sought to be retrieved; and S. 20E(2)(c) inserted by No. 72/2011 s. 36(2). (c) any submissions made by a Public Interest Monitor. S. 20F inserted by No. 26/2004 s. 9. 20F What must a retrieval warrant contain? (1) A retrieval warrant must— (a) state that the judge or magistrate is satisfied of the matters referred to in section 20E(1) and has had regard to the matters referred to in section 20E(2); and (b) specify— (i) the name of the applicant; and (ii) the date the warrant is issued; and (iii) the kind of surveillance device authorised to be retrieved; and (iv) the premises or object from which the surveillance device is to be retrieved; and (v) the period (not exceeding 90 days) during which the warrant is in force; and (vi) the name of the law enforcement officer primarily responsible for executing the warrant; and (vii) any conditions subject to which premises may be entered under the warrant; and
S. 30F(1B) inserted by No. 54/2017 s. 7(1). (1B) Without limiting subsection (1), local protected information obtained from the use of a body-worn camera or a tablet computer by a prescribed person, or a person belonging to a prescribed class of persons, acting in the course of the person's duties in the prescribed circumstances may be used, communicated or published for— (a) the education and training of prescribed persons or persons belonging to the same class of prescribed persons; or (b) any prescribed purpose. (2) Subsection (1)(a), (b) and (c) do not authorise the use, communication or publication of protected information in respect of an emergency authorisation unless the use of powers under that authorisation has been approved under section 30. (3) A reference in subsection (1) to an offence (whether of this jurisdiction or any other jurisdiction) is a reference to any offence, whether or not the offence in respect of which the relevant warrant or emergency authorisation was issued or given. (4) In this section— S. 30F(4) def. of local protected information amended by No. 54/2017 s. 7(2). local protected information means— (a) any information obtained from the use of a surveillance device under a warrant or emergency authorisation; or (b) any information relating to— (i) an application for, issue of, existence of or expiry of a warrant or emergency authorisation; or
In the case of a natural person, level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both; In the case of a body corporate, 1200 penalty units. Note to s. 31 inserted by No. 13/2013 s. 42(2). Note Section 32 applies to an offence against this section. S. 32 amended by No. 68/2009 s. 97(Sch. item 117.2), substituted by No. 13/2013 s. 41. 32 Criminal liability of officers of bodies liability (1) If a body corporate commits an offence against a provision specified in subsection (2), an officer of the body corporate also commits an offence against the provision if the officer— (a) authorised or permitted the commission of the offence by the body corporate; or (b) was knowingly concerned in any way (whether by act or omission) in the commission of the offence by the body corporate. (2) For the purposes of subsection (1), the following provisions are specified— (a) section 23; (b) section 24(1) and (2); (c) section 31. (3) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear.
(6) In this section— body corporate has the same meaning as in section 32; officer in relation to a body corporate, has the same meaning as in section 32. 33 Search warrant S. 33(1) amended by Nos 26/2004 s. 15(c), 25/2009 s 35(1), 37/2014 s. 10(Sch. item 163.3). (1) A police officer may apply to a magistrate for the issue of a search warrant in relation to particular premises or a particular vehicle located in a public place if the police officer suspects on reasonable grounds that there is, or may be within the next 72 hours, on the premises or on or in the vehicle a particular thing that may be evidence of an offence against this Act. S. 33(2) amended by Nos 26/2004 s. 15(c), 25/2009 s. 35(2)(a), 37/2014 s. 10(Sch. item 163.3). (2) If a magistrate is satisfied by evidence on oath, whether oral or by affidavit, that there are reasonable grounds for suspecting that there is, or may be within the next 72 hours, on the premises or on or in the vehicle located in a public place a particular thing that may be evidence of an offence against this Act, the magistrate may issue a search warrant authorising a police officer named in the warrant and any assistants the police officer considers necessary— S. 33(2)(a) amended by No. 25/2009 s. 35(2)(b). (a) to enter, by force if necessary, the premises or vehicle or part of the premises or vehicle named or described in the warrant; and S. 33(2)(b) substituted by No. 25/2009 s. 35(2)(c). (b) to search the premises or vehicle or any person found on the premises or on or in the vehicle for any thing named or described in the warrant; and (c) to seize any thing referred to in paragraph (b). (3) In addition to any other requirement, a search warrant issued under this section must state—
(b) give any person at the premises or on or in the vehicle, as the case may be, an opportunity to allow entry to the premises or the vehicle. S. 34(2) amended by Nos 26/2004 s. 15(c), 25/2009 s. 36(2), 37/2014 s. 10(Sch. item 163.4). (2) The police officer or person assisting him or her need not comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises or vehicle is required to ensure— (a) the safety of any person; or (b) that the effective execution of the search warrant is not frustrated. 35 Copy of warrant to be given to occupier or person searched S. 35(1) amended by Nos 26/2004 s. 15(c), 37/2014 s. 10(Sch. item 163.4). (1) If the occupier or another person who apparently represents the occupier is present at premises when a search warrant is being executed, the police officer must— (a) identify himself or herself to that person; and (b) give that person a copy of the execution copy of the warrant. S. 35(2) amended by Nos 26/2004 s. 15(c), 37/2014 s. 10(Sch. item 163.4). (2) If a person found on premises when a search warrant is being executed is to be searched under the warrant, the police officer must— (a) identify himself or herself to that person; and (b) give that person a copy of the execution copy of the warrant. S. 35A inserted by No. 25/2009 s. 37. 35A Copy of warrant to be given to person in charge of vehicle or person searched S. 35A(1) amended by No. 37/2014 s. 10(Sch. item 163.4). (1) If there is a person in charge of the vehicle located in a public place when a search warrant is being executed, the police officer must—