Can the Victorian Government track you using a QR code?

Tracking a person can only be done by warrant.

 

 

 

SURVEILLANCE DEVICES ACT 1999 - SECT 8

Regulation of installation, use and maintenance of tracking devices

S. 8(1) amended by No. 26/2004 s. 7(a).

(1)     Subject to subsection (2), a person must not knowingly install, use or maintain a tracking device to determine the geographical location of a person or an object—

(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.

 

Note

Section 32A applies to an offence against this subsection.

 

(2)     Subsection (1) does not apply to—

(a)     the installation, use or maintenance of a tracking device in accordance with a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation; or

(aa)     the installation, use or maintenance of a tracking device in accordance with an order made under the Serious Offenders Act 2018 ; or

(ab)     the installation, use or maintenance of a tracking device in accordance with a parole order under the Corrections Act 1986 ; or

(ac)     the installation, use or maintenance of an electronic monitoring device in accordance with a community correction order under the Sentencing Act 1991 ; or

(ad)     the installation, use or maintenance of a tracking device in accordance with an order of the Governor of a prison under section 30 of the Corrections Act 1986 ; or

(b)     the installation, use or maintenance of a tracking device in accordance with a law of the Commonwealth.

 

 


 

 

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

(ii)     the kind of surveillance device sought to be approved and, if a warrant is sought, the nature and duration of the warrant; and

(b)     must be supported by an affidavit setting out the grounds on which the approval (and warrant, if any) is sought.

(2A)     The applicant must give the Public Interest Monitor notice of the application in accordance with the regulations under the Public Interest Monitor Act 2011 .

(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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