Victoria Surveillance Devices Act 1999
Part 3: Communication and publication – Victoria Surveillance Devices Act 1999

Victoria Surveillance Devices Act 1999 11: s 11 No communication or publication of private conversations or activities recorded by surveillance devices, except as permitted

No one knowingly passes on or publishes a recording or account of a private conversation or private activity produced, directly or indirectly, by a listening, optical surveillance or tracking device. This applies even where the recording itself was lawful, for example a party recording their own conversation. Permitted: with every party's express or implied consent; no more than is reasonably necessary in the public interest or to protect the lawful interests of the person communicating it; in legal or disciplinary proceedings; protected information; specified law enforcement communications; communications to police authorised by an authorised police officer; and communications authorised by Commonwealth national security law. Maximum for an individual: 2 years' imprisonment or a 240 penalty unit fine (both level 7), or both; for a body corporate 1200 penalty units. Officers who fail to exercise due diligence are also liable (s 32A).

Maintained by Gerard Blokdyk

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  • APP-6 APP 6 - Use or disclosure of personal information

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