ELECTRONIC SURVEILLANCE: CURRENT AUSTRALIAN LEGISLATION AND GUIDELINES

NEW SOUTH WALES

Legislation

• Casino Control Act 1992, s 65; Part 7, Div 1 and s 125(1)(s) - makes it a condition of a casino licence that the New South Wales Casino Control Authority approves plans relating to the conduct and monitoring of casino operations, including the manner in which a closed circuit television system operates within the casino.
• Crimes Act 1900, Part 6, s 308-310 - offences relating to computers, including “anti-hacking” provisions.
• Industrial Relations Act 1996, s 6 - includes “the surveillance of employees in the workplace” in the definition of an “industrial matter”.
• Listening Devices Act 1984 - regulates the obtaining of a listening device by any person through a warrant system.
• Privacy Committee Act 1975 - sets up the Privacy Committee with the power to advise public and private sector agencies about privacy issues. Also grants certain coercive powers to the Committee to enable it to obtain information.
• Security (Protection) Industry Act 1985 - governs licences for installing, maintaining or repairing security equipment and the sale of security equipment.

Guidelines

• New South Wales Police Service Guidelines for Investigation of Potential for, and Implementation of, CCTV by Local Councils (May 1996).
• Privacy Committee of New South Wales Guidelines on Overt Video Surveillance in the Workplace (September 1995).

COMMONWEALTH

Legislation

• Australian Federal Police Act 1979, Part II, Division 2 - regulates the use of listening devices for general (non narcotic) Commonwealth offences.
• Australian Security Intelligence Organization Act 1977, s 26 - grants special powers to ASIO, including the use of listening devices.
• Crimes Act 1914, Part VIA - offences relating to computers, including “anti-hacking” provisions.
• Customs Act 1901, Part XII Division 1A - governs the use of listening devices for narcotics offences.
• Data-Matching Program (Assistance and Tax) Act 1991 - regulates government data matching programs.
• Human Rights (Sexual Conduct) Act 1994 - implements Australia’s international obligations under Article 17 (which relates to privacy) of the International Covenant on Civil and Political Rights.
• Privacy Act 1988 - regulates the use of personal information collected by Commonwealth government agencies, the use of tax file numbers and of information collected by private credit reporting agencies.
• Telecommunications (Interception) Act 1979 - prohibits the interception of “a communication passing over a telecommunications system” except under the provisions of this Act.

Relevant guidelines

• Commonwealth Privacy Commissioner Guidelines on Covert Optical Surveillance in Commonwealth Administration (1992).

OTHER STATE AND TERRITORY LEGISLATION REGULATING LISTENING DEVICES

• Invasion of Privacy Act 1971 (Qld).
• Drugs Misuse Act 1986 (Qld).
• Criminal Justice Act 1989 (Qld).
• Listening Devices Act 1991 (Tas).
• Listening Device Act 1990 (NT).
• Listening Devices Act 1969 (Vic).
• Listening Devices Act 1972 (SA).
• Listening Devices Act 1978 (WA).