S. 7(1) amended by No. 26/2004 s. 7(a).
(1) Subject to subsection (2), a person must not knowingly install, use or maintain an optical surveillance device to record visually or observe a private activity to which the person is not a party, without the express or implied consent of each party to the activity.
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. 7(1) inserted by No. 13/2013 s. 42(1).
Section 32A applies to an offence against this subsection.
(2) Subsection (1) does not apply to—
S. 7(2)(a) amended by No. 26/2004 s. 7(b).
(a) the installation, use or maintenance of an optical surveillance device in accordance with a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation; or
(b) the installation, use or maintenance of an optical surveillance device in accordance with a law of the Commonwealth; or
(c) the installation, use or maintenance of an optical surveillance device by a law enforcement officer in the performance of his or her duty on premises if—
(i) an occupier of the premises authorises that installation, use or maintenance; and
(ii) the installation, use or maintenance is reasonably necessary for the protection of any person's lawful interests.