Australian Capital Territory Numbered Acts

WORKPLACE PRIVACY ACT 2011 (NO. 4 OF 2011) - SECT 11

    (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

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)     In this section:

device includes an instrument, apparatus or equipment.