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SURVEILLANCE DEVICES ACT 2007 - SECT 10 Prohibition on installation, use and maintenance of data surveillance devices

SURVEILLANCE DEVICES ACT 2007 - SECT 10

Prohibition on installation, use and maintenance of data surveillance devices

10 Prohibition on installation, use and maintenance of data surveillance devices

(1) A person must not knowingly install, use or maintain a data surveillance device on or in premises to record or monitor the input of information into, or the output of information from, a computer on the premises if the installation, use or maintenance of the device involves--
(a) entry onto or into the premises without the express or implied consent of the owner or occupier of the premises, or
(b) interference with the computer or a computer network on the premises without the express or implied consent of the person having lawful possession or lawful control of the computer or computer network.
: Maximum penalty--500 penalty units (in the case of a corporation) or 100 penalty units or 5 years imprisonment, or both (in any other case).
(2) Subsection (1) does not apply to the following--
(a) the installation, use or maintenance of a data surveillance device in accordance with a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation,
(b) the installation, use or maintenance of a data surveillance device in accordance with a law of the Commonwealth.