Victorian Consolidated Legislation

Surveillance Devices Act 1999 - SECT 11

PART 3 RESTRICTION ON COMMUNICATION AND PUBLICATION OF PRIVATE CONVERSATIONS AND ACTIVITIES

Prohibition on communication or publication of private conversations or activities

11. Prohibition on communication or publication of private conversations or
activities



(1) Subject to subsection (2), a person must not knowingly communicate or
publish a record or report of a private conversation or private activity that
has been made as a direct or indirect result of the use of a listening device,
an optical surveillance device or a tracking device.

Penalty: In the case of a natural person, level 7 imprisonment (2 years
maximum) or a level 7 fine (240 penalty units maximum) or both;
In the case of a body corporate, 1200 penalty units.

(2) Subsection (1) does not apply-

   (a)  to a communication or publication made with the express or implied
        consent of each party to the private conversation or private activity;
        or

   (b)  to a communication or publication that is no more than is reasonably
        necessary-

   (i)  in the public interest; or

   (ii) for the protection of the lawful interests of the person making it; or

   (c)  to a communication or publication in the course of legal proceedings
        or disciplinary proceedings; or





   (ca) to a communication or publication of protected information; or



   (d)  to a communication or publication made by a law enforcement officer-

   (i)  to a person authorised by the chief officer of the law enforcement
        agency and for the purpose of investigating or prosecuting an offence;
        or

   (ii) to the occupier of premises of a record or report of a private
        activity that has been made as a direct or indirect result of the use
        on those premises of an optical surveillance device in the
        circumstances referred to in section 7(2)(c); or

   (iii) to the sheriff or to a person employed in the Department of Justice
        in the administration of Schedule 7 to the Magistrates' Court Act 1989
        (enforcement of infringement penalties); or

   (iv) otherwise in the performance of his or her duty; or

   (e)  to a communication to a member of Victoria Police by a person
        authorised to do so by an authorised police officer; or

   (f)  to a communication or publication authorised by a law of the
        Commonwealth relating to the security of the Commonwealth.