8—Data surveillance devices
(1) Subject to this
section, a person must not knowingly install, use or maintain a data
surveillance device to access, track, monitor or record the input of
information into, the output of information from, or information stored in, a
computer without the express or implied consent of the owner, or person with
lawful control or management, of the computer.
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 data surveillance device if the
installation, use or maintenance of the device is authorised—
(i)
under this Act or any other Act or a corresponding law;
or
(ii)
under a law of the Commonwealth; or
(b) to
the installation, use or maintenance of a data surveillance device in
prescribed circumstances.