A person will be in breach of the Surveillance Devices Act 2016 (SA) if they knowingly use, communicate or publish information derived from the use of a surveillance device if the lawful interest of public interest exceptions do not apply [see s 12].

Information which is obtained through the use of a surveillance device which was not used for a lawful interest or in the public interest cannot be used, communicated or published except in circumstances where [s 12(2)]:

A maximum penalty of a fine of up to $75,000 for a body corporate and a fine of up to $15,000 or a maximum term of imprisonment of three years for an individual applies.

However, if the information is obtained by means other than using the surveillance device unlawfully, the person may communicate or publish it, even if it is the same as that obtained unlawfully [s 12(3)]. This means that a person who was a party to the conversation, and heard it with their own ears or saw it with their own eyes, may publish the information as to their conversation or activity.

A person must not knowingly communicate or publish information or material derived from the use of a listening device in contravention of section 4 of the Listening and Surveillance Device Act 1972 (SA) (as in force immediately prior to the commencement of the Surveillance Devices Act 2016 (SA)).

Maximum penalty : $10,000 or imprisonment for 2 years