9Prohibition on installation, use and maintenance of tracking devices

9 Prohibition on installation, use and maintenance of tracking devices

9 Prohibition on installation, use and maintenance of tracking devices

(1) A person must not knowingly install, use or maintain a tracking device to determine the geographical location of—

(a) a person—without the express or implied consent of that person, or

(b) an object—without the express or implied consent of a person in lawful possession or having lawful control of that object.

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 tracking device in accordance with a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation,

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

(c) the installation, use or maintenance of a tracking device for a lawful purpose.