Northern Territory Numbered Acts Northern Territory Numbered Acts(1) A person is guilty of an offence if the person:
(a) installs, uses or maintains an optical surveillance device to monitor, record visually or observe a private activity to which the person is not a party; and
(b) knows the device is installed, used or maintained without the express or implied consent of each party to the activity.
Maximum penalty: 250 penalty units or imprisonment for 2 years.
(2) Subsection (1) does not apply to the installation, use or maintenance of an optical surveillance device:
(a) under a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation; or
(b) under a law of the Commonwealth; or
(c) by a law enforcement officer in the performance of the officer's duty on a place if:
(i) an occupier of the place authorises the installation, use or maintenance; and
(ii) the installation, use or maintenance is reasonably necessary for the protection of someone's lawful interests; or
(d) the use of an optical surveillance device by a law enforcement officer in the performance of the officer's duty if it does not involve the following without permission:
(i) entry on a place;
(ii) interference with a vehicle or other thing; or
(e) the use of an optical surveillance device under section 44.