10Prohibition on installation, use and maintenance of data surveillance devices

10 Prohibition on installation, use and maintenance of data surveillance devices

10 Prohibition on installation, use and maintenance of data surveillance devices

(1) A person must not knowingly install, use or maintain a data surveillance device on or in premises to record or monitor the input of information into, or the output of information from, a computer on the premises if the installation, use or maintenance of the device involves—

(a) entry onto or into the premises without the express or implied consent of the owner or occupier of the premises, or

(b) interference with the computer or a computer network on the premises without the express or implied consent of the person having lawful possession or lawful control of the computer or computer network.

Maximum penalty—500 penalty units (in the case of a corporation) or 100 penalty units or 5 years imprisonment, or both (in any other case).

(2) Subsection (1) does not apply to the following—

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

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

(c) the installation, use or maintenance of a data surveillance device in accordance with the Witness Protection Act 1995 or an instrument made under that Act.

s 10: Am 2024 No 89, Sch 2[2].