South Australian Numbered Acts South Australian Numbered Acts5—Optical surveillance devices
(1) Subject to this section and section 6
, a person must not knowingly install, use or maintain an optical surveillance device on or in premises, a vehicle or any other thing, (whether or not the person has lawful possession or lawful control of the premises, vehicle or thing) to record visually or observe the carrying on of a private activity without the express or implied consent of each party to the activity.
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) Subject to this section and section 6
, a person must not knowingly install, use or maintain an optical surveillance device on or in premises, a vehicle or any other thing, to record visually or observe the carrying on of a private activity without the express or implied consent of each party to the activity and, if the installation, use or maintenance of the device involves entry onto or into the premises or vehicle, without the express or implied consent of the owner or occupier of the premises or vehicle.
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.
(3) Subject to this section and section 6
, a person must not knowingly install, use or maintain an optical surveillance device on or in premises, a vehicle or any other thing, to record visually or observe the carrying on of a private activity without the express or implied consent of each party to the activity and, if the installation, use or maintenance of the device involves interference with the premises, vehicle or thing, without the express or implied consent of the person having lawful possession or lawful control of the premises, 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.
to (3)
(inclusive) do not apply—
(a) to the installation, use or maintenance of an optical surveillance 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
(iv) the device is installed, used or maintained by a person who holds an investigation agent's licence under the Security and Investigation Industry Act 1995
that authorises the holder of the licence to perform the functions of inquiry work and—
(A) the device is used by the licensee in the course of his or her functions as an investigation agent; and
(B) the use is reasonably necessary for the protection of the lawful interests of a person; or
(v) the device is installed, used or maintained by a loss adjuster to whom the Security and Investigation Industry Act 1995
does not apply and—
(A) the device is used by the loss adjuster in the course of his or her functions as a loss adjuster; and
(B) the use is reasonably necessary for the protection of the lawful interests of a person; or
(b) to the installation, use or maintenance of an optical surveillance device on premises by a person if the use of the device is reasonably necessary for the protection of the lawful interests of that person; or
(c) to the use of an optical surveillance device to record any activity in connection with the execution of a surveillance device warrant or surveillance device (emergency) authority under this Act, or a warrant or other authority under any other Act or law; or
(d) to the installation, use or maintenance of an optical surveillance device by an officer to record any activity carried out in a public place in the course of the officer's duties; or
(e) to the use of an optical surveillance device solely for the purpose of the location and retrieval of the device; or
(f) to the installation, use or maintenance of an optical surveillance device in prescribed circumstances.
(5) An exemption from subsection (1)
that applies under subsection (4)
or section 6
to a person in relation to the installation, use or maintenance of an optical surveillance device for the purposes of the investigation of a matter by an investigating agency extends to any other person who, for the purposes of the investigation—
(a) installs, uses or maintains that device; or
(b) records or monitors an activity by means of that device.