Invasion of Privacy Act 1971

This Act may be cited as the Invasion of Privacy Act 1971.

Except as provided in subsection (2), this Act, or this Act less specified provisions, shall commence on a date to be fixed by the Governor by proclamation.

The Governor may, by proclamation under subsection (1) or by a subsequent proclamation or proclamations fix a date or dates for the commencement of the several provisions of this Act not brought into operation pursuant to subsection (1) later than the date fixed by the proclamation under subsection (1).

Every proclamation under this section shall be published in the gazette.

s 3 amd 1976 No. 26s 3

om 1992 No. 40s 163sch 1

In this Act—

approved...

approved form see section 51B.

chief executive...

Commissioner means the commissioner of the police service.

consumer...

credit report...

credit reporting agent...

credit reporting agent’s licence...

individual...

inspector means a person who is appointed under section 5 as an inspector.

licence...

licensed credit reporting agent...

licensed private inquiry agent...

licensed subagent...

licensee...

listening device means any instrument, apparatus, equipment or device capable of being used to overhear, record, monitor or listen to a private conversation simultaneously with its taking place.

Minister...

private conversation means any words spoken by one person to another person in circumstances that indicate that those persons desire the words to be heard or listened to only by themselves or that indicate that either of those persons desires the words to be heard or listened to only by themselves and by some other person, but does not include words spoken by one person to another person in circumstances in which either of those persons ought reasonably to expect the words may be overheard, recorded, monitored or listened to by some other person, not being a person who has the consent, express or implied, of either of those persons to do so.

private inquiry agent...

private inquiry agent’s licence...

register...

registered address...

Registrar...

registrar...

related corporation...

subagent...

subagent’s licence...

The chief executive may appoint an officer of the public service to be an inspector.

The chief executive may appoint a person to be an inspector only if—

the chief executive believes that the person has the necessary expertise or experience to be an inspector; or

the person has satisfactorily completed a course of training approved by the chief executive.

The chief executive may limit the powers of an inspector by stating conditions in the instrument of appointment.

The chief executive must issue an identity card to each inspector.

The identity card must—

contain a recent photograph of the inspector; and

be signed by the inspector.

A person who stops being an inspector must return the identity card to the chief executive as soon as practicable after stopping to be an inspector, unless the person has a reasonable excuse for not returning it.

Maximum penalty for subsection (3)—20 penalty units.

An inspector may exercise a power under this Act in relation to a person only if the inspector first produces or displays the inspector’s identity card for inspection by the person.

If, for any reason, it is not practicable to comply with subsection (1), the inspector must produce the identity card for inspection by the person at the first reasonable opportunity.

For the purposes of this Act an inspector may at any time do any or all of the following—

make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act have been or are being complied with and interrogate any person for that purpose and require any such person to answer the questions put, and to sign a declaration of the truth of the person’s answers;

enter any premises at the registered address of any licensee and inspect and examine any books and papers found upon such entry;

call to his or her aid any person whom the inspector may think competent to assist him or her in the exercise of any power aforesaid;

exercise such other powers as may be prescribed.

Nothing contained in subsection (1) renders any person compellable to answer any question incriminating or tending to incriminate himself or herself.

s 8 amd 1993 No. 82 s 3 sch 1; 1993 No. 83 s 65

om 2002 No. 13 s 45

s 9 amd 1976 No. 26 s 5; 1993 No. 83 s 66; 1999 No. 63 s 67

om 2002 No. 13 s 45

s 10 amd 1976 No. 26 s 6; 1981 No. 111 s 23 sch; 1993 No. 83 s 67; 1995 No. 58 s 4 sch 1

om 2002 No. 13 s 45

s 11 amd 1993 No. 83 s 68; 1995 No. 58 s 4 sch 1

om 2002 No. 13 s 45