Victorian Consolidated Legislation

Surveillance Devices Act 1999 - SECT 9C

Prohibition on communication or publication of activities or conversations permitted to be observed etc.

9C. Prohibition on communication or publication of activities or conversations
permitted to be observed etc.



(1) Subject to subsection (2), a person must not knowingly communicate or
publish a record or report of an activity or conversation observed, listened
to, recorded or monitored by the use of an optical surveillance device or a
listening device in the circumstances referred to in paragraph (a), (b) or (c)
of section 9B(2).

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 any other
case, 1200 penalty units.

(2) Subsection (1) does not apply-

   (a)  if the activity or conversation was observed, listened to, recorded or
        monitored in the circumstances referred to in section 9B(2)(a), to a
        communication or publication of protected information; or

   (b)  if the activity or conversation was observed, listened to, recorded or
        monitored in the circumstances referred to in section 9B(2)(b), to a
        communication or publication authorised by a law of the Commonwealth
        relating to the security of the Commonwealth; or

   (c)  if the activity or conversation was observed, listened to, recorded or
        monitored in the circumstances referred to in section 9B(2)(c), to a
        communication or publication authorised by or under the
        Liquor Control Reform Act 1998 or the licence granted under that Act.