Unlawful possession of surveillance information
9 Unlawful possession of surveillance information
A person who is unlawfully in possession of surveillance information commits an offence.
Penalty: $5 000.
It is lawful for a person to be in possession of surveillance information only if —
the person is a law enforcement officer and has possession of the surveillance information in the course of his or her duty; or
the person is assisting a law enforcement officer in the exercise of the officer’s duty and has possession of the surveillance information in the course of providing that assistance; or
the surveillance information was obtained in accordance with Part 5 of the Act; or
the surveillance information was obtained by the person —
from a person who was lawfully in possession of that information; and
in circumstances where the publication or communication of the surveillance information to the person was not an offence under section 9 of the Act.
In this regulation —
surveillance information means a report or record of a private conversation or private activity of a person, or of the geographical location of a person or object, that was obtained, directly or indirectly, through the use of a surveillance device.
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