Commonwealth Consolidated Acts

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AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 26A

Unlawful and lawful uses of tracking devices

Unlawful use of tracking devices

             (1)  Subject to subsection (2), it is unlawful for an officer, employee or agent of the Organisation to use a tracking device for the purpose of tracking a person or an object. It is the duty of the Director‑General to take all reasonable steps to ensure that this subsection is not contravened.

Note:          Tracking device , track and object are defined in subsection (3).

Lawful use of tracking device

             (2)  Despite any law of a State or Territory, an officer, employee or agent of the Organisation does not act unlawfully, by using, for the purposes of the Organisation, a tracking device for the purpose of tracking a person or an object if:

                     (a)  the person, or the person using the object, consents to it being done; or

                     (b)  the officer, employee or agent of the Organisation does so in accordance with a warrant issued under section 26B or 26C.

Definitions

             (3)  In this section:

"apply" includes attach to or place on or in.

"object" means:

                     (a)  a vehicle, aircraft, vessel or other means of transportation; or

                     (b)  clothing or any other thing worn; or

                     (c)  any other thing.

"track" an object or person means be aware of the movement of the object or person from place to place.

"tracking device" means a device or substance that, when applied to an object, enables a person to track the object or a person using or wearing the object.



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