7Regulation of installation, use and maintenance of optical surveillance devices

7 Regulation of installation, use and maintenance of optical surveillance devices 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. 1. In the case of a natural person, level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both; Note to s. 7(1) inserted by No. 13/2013 s. 42(1). 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.