Tracking Devices

Section 13 prohibits a person form installing, using or maintaining a tracking device to determine the geographical location of a person or thing, without the consent of the person being tracked or the person in lawful control of the thing being tracked. A breach of this section is an offence punishable by a fine or imprisonment of up to two years....

 

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Data Surveillance Devices

Section 14 contains restrictions on the use of data surveillance devices by police and suchlike, but does not restrict their use by civilians. This is not to imply that no other Act or case law rule exists to restrict civilian use of such. Interestingly the definition of data surveillance devices in Section 3 does not incorporate software and only focuses on physical devices.

 

Communication and Publication

Section 15 provides that it is an offence to communicate or publish a record or report on a private conversation or activity, where the person doing so knows that the record or report was created through the use of a listening device, optical surveillance device or tracking device. A breach of this provision is an offence punishable by a fine or up to two years’ imprisonment.

 

Sub-section 2 lists exceptions including a communication or publication:

  • that is reasonably necessary in the public interest or for protecting the lawful interests of the person making it

  • in the course of a legal or disciplinary proceeding...

     

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Public Interest

Public interest is defined in section 41 identically to the earlier Western Australian Act. This definition applies only to the emergency provisions in Part 6, which are beyond the scope of this study.

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Surveillance Devices Law

NT - Tracking, Data and Reporting