Installation, use and maintenance of data surveillance devices by law enforcement officers or ICAC officers
14 Installation, use and maintenance of data surveillance devices by law enforcement officers or ICAC officers
(1) A law enforcement officer or an ICAC officer is guilty of an offence if the officer:
(a) installs, uses or maintains a data surveillance device to monitor or record the input of information into, or the output of information from, a computer; and
(b) knows the device is installed, used or maintained without the express or implied consent of the person on whose behalf the information is being input or output.
Maximum penalty: 250 penalty units or imprisonment for 2 years.
(2) Subsection (1) does not apply to the installation, use or maintenance of a data surveillance device:
(a) under a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation; or
(b) under a law of the Commonwealth.
This Act’s bill:Explanatory statementSecond reading speech
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