Victorian Consolidated Legislation

Surveillance Devices Act 1999 - SECT 7

Regulation of installation, use and maintenance of optical surveillance devices

7. Regulation of installation, use and maintenance of optical surveillance
devices



(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.

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

   (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.