Tracking a person can only be done by warrant.
SURVEILLANCE DEVICES ACT 1999 - SECT 8
(a) in the case of a device to determine the location of a person, without the express or implied consent of that person; or
(b) in the case of a device to determine the location of an object, without the express or implied consent of a person in lawful possession or having lawful control of that object.
Penalty: In the case of a natural person, level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both;
In the case of a body corporate, 1200 penalty units.
(2) Subsection (1) does not apply to—
SURVEILLANCE DEVICES ACT 1999 - SECT 28
Application for approval after use of surveillance device under emergency authorisation
(1) Within 2 business days after giving an emergency authorisation, a senior officer (or another person on his or her behalf) must apply to a Supreme Court judge for approval of the exercise of powers under the emergency authorisation.
(2) An application—
(a) must specify—
(i) the name of the applicant; and
(b) must be supported by an affidavit setting out the grounds on which the approval (and warrant, if any) is sought.
(3) The judge may refuse to consider the application until the applicant gives the judge all the information the judge requires about the application in the way the judge requires.
(4) An application is not to be heard in open court.
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