SURVEILLANCE DEVICES ACT 2007 - SECT 9
Prohibition on installation, use and maintenance of tracking devices
SURVEILLANCE DEVICES ACT 2007 - SECT 9
Prohibition on installation, use and maintenance of tracking devices
(1) A
person must not knowingly install, use or maintain a tracking device to
determine the geographical location of-- (a) a person--without the express or
implied consent of that person, or
(b) an object--without the express or
implied consent of a person in lawful possession or having lawful control of
that object.
: 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 tracking device in accordance with a
warrant, emergency authorisation, corresponding warrant or
corresponding emergency authorisation,
(b) the installation, use or
maintenance of a tracking device in accordance with a law of the Commonwealth,
(c) the installation, use or maintenance of a tracking device for a lawful
purpose.
