Victorian Consolidated Legislation

Surveillance Devices Act 1999 - SECT 12

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

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



(1) Subject to subsection (2), a law enforcement officer must not communicate
or publish any information regarding the input of information into, or the
output of information from, a computer that has been obtained as a direct or
indirect result of the use of a data surveillance device.

Penalty: Level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty
units maximum) or both.

(2) Subsection (1) does not apply-

   (a)  to a communication or publication made with the express or implied
        consent of the person on whose behalf the information is input into or
        output from the computer; or

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

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



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



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

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