SURVEILLANCE DEVICES ACT 1999 - SECT 6 Regulation of installation, use and maintenance of listening devices

SURVEILLANCE DEVICES ACT 1999 - SECT 6

S. 6(1) amended by No. 26/2004 s. 7(a).

    (1)     Subject to subsection (2), a person must not knowingly install, use or maintain a listening device to overhear, record, monitor or listen to a private conversation to which the person is not a party, without the express or implied consent of each party to the conversation.

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.

Note to s. 6(1) inserted by No. 13/2013 s. 42(1).

Note

Section 32A applies to an offence against this subsection.

    (2)     Subsection (1) does not apply to—

S. 6(2)(a) amended by No. 26/2004 s. 7(b).

        (a)     the installation, use or maintenance of a listening device in accordance with a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation; or

S. 6(2)(b) amended by No. 26/2004 s. 7(c).

        (b)     the installation, use or maintenance of a listening device in accordance with a law of the Commonwealth; or

S. 6(2)(c) inserted by No. 26/2004 s. 7(d).

        (c)     the use of a listening device by a law enforcement officer to monitor or record a private conversation to which he or she is not a party if—

              (i)     at least one party to the conversation consents to the monitoring or recording; and

              (ii)     the law enforcement officer is acting in the course of his or her duty; and

S. 6(2)(c)(iii) amended by No. 54/2017 s. 4(1)(a).

              (iii)     the law enforcement officer reasonably believes that it is necessary to monitor or record the conversation for the protection of any person's safety; or

S. 6(2)(d) inserted by No. 54/2017 s. 4(1)(b).

        (d)     the overt use of a body-worn camera or a tablet computer by a police officer or an ambulance officer acting in the course of the officer's duty and the recording of a private conversation to which the officer is not a party is inadvertent, unexpected or incidental to that use; or

S. 6(2)(e) inserted by No. 54/2017 s. 4(1)(b).

        (e)     the overt use of a body-worn camera or a tablet computer by a prescribed person, or a person belonging to a prescribed class of persons, acting in the course of the person's duties in the prescribed circumstances and the recording of a private conversation to which the person is not a party is inadvertent, unexpected or incidental to that use.

S. 6(3) inserted by No. 54/2017 s. 4(2).

    (3)     For the purposes of subsection (2)(d) and (e), a police officer, an ambulance officer, a prescribed person or a person belonging to a prescribed class of persons is not required to inform a person that the person is being recorded with a body-worn camera or a tablet computer.