Surveillance Devices Act 2007

This table of maximum penalties is populated using Lawcodes data. For more information, see Changes to Specific Penalties and Orders at the end of the introduction.

Jurisdiction

Offences under Pt 2 or Pt 5 (ie, ss 7–14 and 29–50) other than s 40(2), are Table 2 indictable offences: Sch 1 Table 2 CP Act. Section 40(2) is strictly indictable offence.

Consent of Attorney General

Section 56(1), (1A): Proceedings for an offence against this Act or the regulations, except for domestic violence offences within the meaning of the Crimes (Domestic and Personal Violence) Act 2007 involving the installation, use and maintenance of tracking devices under s 9, must not be commenced without the written consent of the Attorney General.

Orders for forfeiture

Section 58: Where a court enters a conviction for an offence against this Act or the regulations it may, in addition to imposing a penalty, order the forfeiture of any surveillance device, or any recording used or obtained in the commission of the offence, to the State or to be destroyed.