Victorian Current Acts Victorian Current Acts(1) Subject to subsection (2), a law enforcement officer must not communicate or publish any information regarding the input of information into, or the output of information from, a computer that has been obtained as a direct or indirect result of the use of a data surveillance device.
Penalty: Level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum) or both.
(2) Subsection (1) does not apply—
(a) to a communication or publication made with the express or implied consent of the person on whose behalf the information is input into or output from the computer; or
(b) to a communication or publication made in the course of legal proceedings or disciplinary proceedings; or
S. 12(2)(ba) inserted by No. 26/2004 s. 8(d).
(ba) to a communication or publication of protected information; or
(c) to a communication or publication made by a law enforcement officer—
S. 12(2)(c)(i) amended by No. 26/2004 s. 8(e).
(i) to a person authorised by the chief officer of the law enforcement agency and for the purpose of investigating or prosecuting an offence; or
(ii) otherwise in the performance of his or her duty; or
(d) to a communication or publication authorised by a law of the Commonwealth relating to the security of the Commonwealth.
Part 4—Authorisations for the use of surveillance devices
Pt 4 Div. 1AA (Heading and ss 12A– 12D) inserted by No. 72/2011 s. 31.
Division 1AA—Role of Public Interest Monitor
S. 12A inserted by No. 72/2011 s. 31.