SURVEILLANCE DEVICES ACT 1998 - SECT 7
SURVEILLANCE DEVICES ACT 1998 - SECT 7
7 . Regulation of use, installation and maintenance of tracking devices
(1) Subject to
subsections (2) and (3), a person shall not attach, install, use, or maintain,
or cause to be attached, installed, used, or maintained, a tracking device to
determine the geographical location of a person or object without the express
or implied consent of that person or, in the case of a device used or intended
to be used to determine the location of an object, without the express or
implied consent of the person in possession or having control of that object.
Penalty:
(a) for
an individual: $5 000 or imprisonment for 12 months, or both;
(b) for
a body corporate: $50 000.
(2) Subsection (1)
does not apply to —
(a) the
attachment, installation or maintenance by a law enforcement officer of a
tracking device on a vehicle that is situated in a public place nor the use of
a tracking device that has been so attached or installed where the attachment,
installation, maintenance, or use is carried out by a person in the course of
that person’s duty as a law enforcement officer;
(b) the
attachment, installation, use, or maintenance of a tracking device in
accordance with a warrant issued under Part 4;
(c) the
attachment, installation, use, or maintenance of a tracking device in
accordance with an emergency authorisation granted under Part 4;
(d) the
attachment, installation, use or maintenance of a tracking device in
prescribed circumstances; or
(e) the
attachment, installation, use, or maintenance of a tracking device in
accordance with a law of the Commonwealth.
(3) Subsection (1)
does not apply to the use of a tracking device by a person in the course of
that person’s duty as a law enforcement officer where the device has not
been attached or installed or caused to be attached or installed by that
person or by a person acting on behalf of that person.