#17899
Jimmy-T
Keymaster

    This was emailed by a reader:

    in response to your article today on filming neighbours, I think you’ll find your answer in the Surveillance Devices Act 1999-Section 7. Penalty is level 7 inprisonment and or fines…
    Surveillance Devices Act 1999 – SECT 7
    Regulation of installation, use and maintenance of optical surveillance devices
    7. Regulation of installation, use and maintenance of optical surveillance
    devices

    (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.

    Penalty: In the case of a natural person, level 7 imprisonment (2 years
    maximum) or a level 7 fine (240 penalty units maximum) or both;
    In the case of a body corporate, 1200 penalty units.

    (2) Subsection (1) does not apply to-

    (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

    (ii) the installation, use or maintenance is reasonably necessary for the
    protection of any person’s lawful interests.

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