NSW Surveillance Devices Act 2007

No one publishes or communicates to anyone a private conversation or an activity, or a recording or account of either, that came to their knowledge directly or indirectly through use of a listening, optical surveillance or tracking device in breach of Part 2. Maximum penalty for a corporation 500 penalty units; for an individual 100 penalty units, 5 years' imprisonment, or both. Permitted: communication to a party to the conversation or activity, with the express or implied consent of all principal parties, to investigate or prosecute an offence against s 11, or in proceedings for an offence under the Act; and to the minimum reasonably needed where serious violence, substantial property damage or a serious narcotics offence is imminent. Knowledge obtained lawfully may still be communicated even if also obtained unlawfully.

No one holds a recording of a private conversation or activity knowing it was obtained, directly or indirectly, by use of a listening, optical surveillance or tracking device in breach of Part 2. Maximum penalty for a corporation 500 penalty units; for an individual 100 penalty units, 5 years' imprisonment, or both. Holding it is allowed for the purposes of prosecuting an offence against the Act, with the express or implied consent of all principal parties or participants, or where the record was passed on in circumstances that did not breach Part 2.

No one publishes or communicates information about the input into, or output from, a computer obtained directly or indirectly by using a data surveillance device in breach of Part 2. Maximum penalty for a corporation 500 penalty units; for an individual 100 penalty units, 5 years' imprisonment, or both. Permitted: communication to the person lawfully possessing or controlling the computer, with that person's express or implied consent, to investigate or prosecute an offence against s 14, in proceedings for an offence under the Act, and to the minimum reasonably needed where serious violence, substantial property damage or a serious narcotics offence is imminent. Information obtained lawfully may still be used even if also obtained unlawfully.

No one knowingly installs, uses, causes to be used or maintains a listening device to eavesdrop on, listen to, record or monitor a private conversation they are not taking part in. Maximum penalty for a corporation 500 penalty units; for an individual 100 penalty units, 5 years' imprisonment, or both. Exceptions include use under a warrant or emergency authorisation, under Commonwealth law (such as the Commonwealth interception and access legislation), unintentional hearing, and specified police uses. For an employer this rules out audio capture of staff conversations (for example audio-enabled CCTV in offices, meeting rooms or break areas) where the conversations are private and the employer is not a party.

A party to a private conversation does not knowingly use a listening device to record it unless all the principal parties consent, expressly or impliedly, or one principal party consents and the recording is either reasonably necessary to protect that party's lawful interests or not made with the aim of passing the conversation, or an account of it, to people outside it. Penalties as for s 7(1)(a). For recorded calls or meetings, the practical route is an announcement or other basis from which every principal party's consent can be shown.

No one knowingly installs, uses or maintains a tracking device to find where a person is without that person's express or implied consent, or where an object is unless whoever lawfully possesses or controls it has given express or implied consent. Maximum penalty as for s 7. Exceptions cover warrants or emergency authorisations, Commonwealth law, and installation, use or maintenance for a lawful purpose. Employer GPS on its own vehicles or devices rests on the employer's possession or control, together with the Workplace Surveillance Act 2005 notice duties; tracking an employee personally, or through their own phone or car, needs that person's consent.

No one knowingly installs, uses or maintains a data surveillance device at premises to capture or watch what goes into or comes out of a computer there, where that requires going onto the premises without the owner's or occupier's express or implied consent, or tampering with the computer or a network on the premises when whoever lawfully possesses or controls it has given no express or implied consent. Maximum penalty as for s 7. Exceptions cover warrants, Commonwealth law and the Witness Protection Act 1995. Monitoring software on employer-owned and controlled computers and networks rests on the employer's own consent, with the Workplace Surveillance Act 2005 policy and notice duties; monitoring an employee's personally owned computer needs that person's consent.

No one knowingly installs, uses or maintains an optical surveillance device on or in premises, a vehicle or another object to watch or visually record an activity, where that requires going onto the premises or into the vehicle without the owner's or occupier's express or implied consent, or tampering with the vehicle or object when whoever lawfully possesses or controls it has given no express or implied consent. Maximum penalty as for s 7. Exceptions cover warrants, Commonwealth law, device retrieval, specified law enforcement searches, Tasers and police body-worn video. An employer installing cameras on its own premises or vehicles has the owner's or occupier's consent; the concern arises for devices placed in employees' homes, private vehicles or belongings, or on a client's or landlord's premises without their consent.