Victorian Consolidated Legislation

Surveillance Devices Act 1999 - SECT 6

PART 2 REGULATION OF INSTALLATION, USE AND MAINTENANCE OF SURVEILLANCE DEVICES

Regulation of installation, use and maintenance of listening devices

6. Regulation of installation, use and maintenance of listening devices



(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.

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

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

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

   (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

   (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.