South Australian Current Acts South Australian Current Acts (1) Subject to this
section, a person must not knowingly install, use or maintain a
tracking device to determine the geographical location of—
(a) a
person without the express or implied consent of that person; or
(b) a
vehicle or thing without the express or implied consent of the owner, or a
person in lawful possession or lawful control, of that vehicle or thing.
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.
(2) Subsection (1)
does not apply—
(a) to
the installation, use or maintenance of a tracking device if—
(i)
the installation, use or maintenance of the device is
authorised under this Act or any other Act or a corresponding law; or
(ii)
the installation, use or maintenance of the device is
authorised under a law of the Commonwealth; or
(iii)
the device is installed, used or maintained for the
purposes of an approved undercover operation under Part 2 of the
Criminal Investigation (Covert Operations) Act 2009 by, or on behalf of,
a person who is an authorised participant in the approved undercover
operation; or
(b) to
the use of a tracking device solely for the purpose of the location and
retrieval of the device; or
(c) to
the installation, use or maintenance of a tracking device in prescribed
circumstances.