South Australian Current Acts South Australian Current Acts12—Prohibition on communication or publication derived from use of
surveillance device
(1) A person must not
knowingly use, communicate or publish information or material derived from the
use (whether by that person or another person) of a surveillance device in
contravention of this Part.
Maximum penalty:
(a) in
the case of a body corporate—$75 000;
(b) in
the case of a natural person—$15 000 or imprisonment for
3 years.
(1a) A person must not
knowingly communicate or publish information or material derived from the use
(whether by that person or another person) of a listening device in
contravention of section 4 of the Listening and Surveillance Devices
Act 1972 (as in force immediately prior to the commencement of this Act).
Maximum penalty: $10 000 or imprisonment for 2 years.
(2) This section does
not prevent the use, communication or publication of information or material
derived from the use of a surveillance device in contravention of this
Part—
(a) to a
person who was a party to the conversation or activity to which the
information or material relates; or
(b) with
the consent of each party to the conversation or activity to which the
information or material relates; or
(c) for
the purposes of a relevant investigation or relevant action or proceeding
relating to that contravention of this Part or a contravention of this section
involving the communication or publication of that information or material; or
(d) in
the course of proceedings for an offence against this Act; or
(e)
otherwise in the course of duty or as required by law.
(3) A person who
obtains knowledge of information or material in a manner that does not involve
a contravention of this Part is not prevented from communicating or publishing
the knowledge so obtained even if the same knowledge was also obtained in a
manner that contravened this Part.