NSWIn ForceAct
Surveillance Devices Act 2007
9Prohibition on installation, use and maintenance of tracking devices
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#### 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—
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> > > (a) a person—without the express or implied consent of that person, or
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> > > (b) an object—without the express or implied consent of a person in lawful possession or having lawful control of that object.
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> > 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).
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> > (2) Subsection (1) does not apply to the following—
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> > > (a) the installation, use or maintenance of a tracking device in accordance with a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation,
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> > > (b) the installation, use or maintenance of a tracking device in accordance with a law of the Commonwealth,
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> > > (c) the installation, use or maintenance of a tracking device for a lawful purpose.