Western Australian Current Acts Western Australian Current Acts (1) Subject to
subsections (2) and (3), a person shall not install, use, or maintain, or
cause to be installed, used, or maintained, an optical surveillance device
—
(a) to
record visually or observe a private activity to which that person is not a
party; or
(b) to
record visually a private activity to which that person is a party.
Penalty:
(a) for
an individual: $5 000 or imprisonment for 12 months, or both;
(b) for
a body corporate: $50 000.
(2) Subsection (1)
does not apply to —
(a) the
installation, use, or maintenance of an optical surveillance device in
accordance with a warrant issued under Part 4;
(b) the
installation, use, or maintenance of an optical surveillance device in
accordance with an emergency authorisation issued under Part 4;
(c) the
installation, use, or maintenance of an optical surveillance device in
accordance with a law of the Commonwealth;
(d) the
use of an optical surveillance device in accordance with Part 5; or
(e) the
use of an optical surveillance device resulting in the unintentional recording
or observation of a private activity.
(3) Subsection (1)(b)
does not apply to the installation, use, or maintenance of an optical
surveillance device by or on behalf of a person who is a party to a private
activity if —
(a) each
principal party to the private activity consents expressly or impliedly to
that installation, use, or maintenance; or
(b) a
principal party to the private activity consents expressly or impliedly to
that installation, use, or maintenance and the installation, use, or
maintenance is —
(i)
carried out in the course of that person’s duty as
a law enforcement officer;
(ii)
carried out by that person as instructed or authorised by
a law enforcement officer in the course of an investigation into a suspected
criminal offence; or
(iii)
reasonably necessary for the protection of the lawful
interests of that principal party.