New South Wales Consolidated Acts

SURVEILLANCE DEVICES ACT 2007 - SECT 10

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.