New South Wales Consolidated Acts

SURVEILLANCE DEVICES ACT 2007 - SECT 14

14 Communication and publication of information from the use of a data surveillance device

(1) A person must not publish, or communicate to any person, any information regarding the input of information into, or the output of information from, a computer obtained as a direct or indirect result of the use of a data surveillance device in contravention of this Part.

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) to a communication or publication made:

(i) to the person having lawful possession or control of the computer, or

(ii) with the consent, express or implied, of the person having lawful possession or lawful control of the computer, or

(iii) for the purpose of investigating or prosecuting an offence against this section, or

(iv) in the course of proceedings for an offence against this Act or the regulations,

(b) if the communication or publication is no more than is reasonably necessary in connection with an imminent threat of:

(i) serious violence to persons or substantial damage to property, or

(ii) the commission of a serious narcotics offence.

(3) A person who obtains information in a manner that does not involve a contravention of this Part is not prevented from publishing or communicating the information so obtained even if the same information was also obtained in a manner that contravened this Part.