It is an offence to knowingly install, use or maintain a tracking device to determine the geographical location of a person without their consent. It is also an offence to use a tracking device to determine the geographical location of a vehicle or thing without the consent of the owner [s 7].
A tracking device is any device capable of being used to determine the geographical location of a person, vehicle or thing.
Maximum penalty: $15 000 or 3 years imprisonment (in the case of a natural person) or $75 000 ( in the case of a body corporate).
Where the installation of use of a tracking device is authorised under the Surveillance Devices Act 2016 (SA) or any other Act there is no offence. Similarly where use is authorised under a law of the Commonwealth or where used for the purposes of an approved undercover operation under the Criminal Investigation (Covert Operations) Act 2009.
It is also not an offence to use a tracking device solely for the purpose of locating and retrieving the device.
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