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.
Division 2—Regulation of communication or publication of information or material derived from use of surveillance devices