Victorian Consolidated Legislation

Surveillance Devices Act 1999 - SECT 8

Regulation of installation, use and maintenance of tracking devices

8. Regulation of installation, use and maintenance of tracking devices



(1) Subject to subsection (2), a person must not knowingly install, use or
maintain a tracking device to determine the geographical location of a person
or an object-

   (a)  in the case of a device to determine the location of a person, without
        the express or implied consent of that person; or

   (b)  in the case of a device to determine the location of an object,
        without the express or implied consent of a person in lawful
        possession or having lawful control of that object.

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 tracking device in
        accordance with a warrant, emergency authorisation, corresponding
        warrant or corresponding emergency authorisation; or

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