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](/view/html/inforce/current/act-1995-087) or an instrument made under that Act. > > **s 10:** Am 2024 No 89, Sch 2\[2\].