(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.

(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 s. 8 S. 8(1) amended by No. 26/2004 s. 7
- (aa) the installation, use or maintenance of a tracking device in accordance with a detention order or supervision order or an interim order under the Serious Sex Offenders (Detention and Supervision) Act 2009; or
(b) the installation, use or maintenance of a tracking device in accordance with a law of the Commonwealth.