Victorian Consolidated Legislation

Surveillance Devices Act 1999 - SECT 9

Regulation of installation, use and maintenance of data surveillance devices by law enforcement officers

9. Regulation of installation, use and maintenance of data surveillance
devices by law enforcement officers



(1) Subject to subsection (2), a law enforcement officer must not knowingly
install, use or maintain a data surveillance device to record or monitor the
input of information into, or the output of information from, a computer
without the express or implied consent of the person on whose behalf that
information is being input or output.

Penalty: Level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty
units maximum) or both.

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

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

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



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