Australian Capital Territory Current Acts

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WORKPLACE PRIVACY ACT 2011 - SECT 11

Meaning of surveillance etc

    (1)     In this Act:

"conduct" surveillance—a person "conducts" surveillance if the person—

        (a)     conducts the surveillance personally; or

        (b)     causes someone else to conduct the surveillance.

"data surveillance device"—

        (a)     means a device or program capable of being used to record or monitor the input of information into or the output of information from a computer; but

        (b)     does not include an optical surveillance device.

"optical surveillance device"—

        (a)     means a device capable of being used to record visually or observe an activity; but

        (b)     does not include spectacles, contact lenses or a similar device used by a person with impaired sight to overcome that impairment.

"surveillance" means surveillance using a surveillance device.

"surveillance device" means—

        (a)     a data surveillance device, an optical surveillance device or a tracking device; or

        (b)     a device that is a combination of any 2 or more of the devices mentioned in paragraph (a); or

        (c)     a device of a kind prescribed by regulation.

tracking device means an electronic device capable of being used to work out or monitor the location of a person or an object or the status of an object.

Examples—tracking device

GPS, biometrics, radio frequency identification

    (2)     In this section:

device includes an instrument, apparatus or equipment.



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