Regulation of installation, use and maintenance of data surveillance devices by law enforcement officers
9 Regulation of installation, use and maintenance of data surveillance devices by law enforcement officers
Subject to subsection (2), a law enforcement officer must not knowingly install, use or maintain a data surveillance device to record or monitor the input of information into, or the output of information from, a computer without the express or implied consent of the person on whose behalf that information is being input or output.
- Level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum) or both.
Subsection (1) does not apply to—
S. 9(2)(a) amended by No. 26/2004 s. 7(b).
the installation, use or maintenance of a data surveillance device in accordance with a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation; or
the installation, use or maintenance of a data surveillance device in accordance with a law of the Commonwealth.
S. 10 repealed by No. 26/2004 s. 7(e).
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Pt 2A (Heading and ss 9A–9D) inserted by No. 70/2006 s. 3.
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