SURVEILLANCE DEVICES ACT 1999 - SECT 7 Regulation of installation, use and maintenance of optical surveillance devices

SURVEILLANCE DEVICES ACT 1999 - SECT 7

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).

Note

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

S. 7(2)(c)(ii) amended by No. 54/2017 s. 5(1)(a).

              (ii)     the installation, use or maintenance is reasonably necessary for the protection of any person's lawful interests; or

S. 7(2)(d) inserted by No. 54/2017 s. 5(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 activity to which the officer is not a party is inadvertent, unexpected or incidental to that use; or

S. 7(2)(e) inserted by No. 54/2017 s. 5(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 activity to which the person is not a party is inadvertent, unexpected or incidental to that use.

S. 7(3) inserted by No. 54/2017 s. 5(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.