Tracking Devices

It is unlawful under section 7 to attach, install or use a tracking device, or to cause another to do so, without the consent of the person to be tracked or the person in control of the object. Section 3 defines a tracking device as a device capable of being used to determine the geographical location of a person or object. A breach of this section is a criminal offence punishable by a fine or imprisonment for up to one year....

 

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Publication and Communication

Section 9 prohibits the publication and communication of private conversations or activities, or records of such, which have come to the person’s knowledge as a result of the use of a surveillance device. This is an offence punishable by a fine.

 

Sub-section 2 provides exceptions including:

  • where the publication or communication is made

(vi)    for the protection of the lawful interests of the person making the publication or communication

(vii)   as per two separate provisions elsewhere, for the protection of the lawful interests of a principal party, and that party consented to the use of the surveillance device.

(viii)  under Part V, which includes section 26 and concerns the use of surveillance devices in the public interest.

(ix)    in the course of legal proceedings....

 

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Notification upon Finding a Surveillance Device

Section 37 requires that any person discovering a surveillance device attached or installed in premises or on an object or vehicle must report the discovery immediately to the police. Failure to do this will result in a fine or imprisonment for up to 12 months.

Surveillance Devices Law

WA - Tracking and Reporting