Private Security Personnel and Private Investigators (Code of Conduct—Surveillance of Individuals) Regulations 2011

6  Code of conduct: surveillance of individuals
  • (1) A person to whom this code applies may—

    • (a) undertake surveillance of an individual who is in a private dwelling only if—

      • (i) every lawful occupier of the private dwelling has consented to the surveillance; or

      • (ii) the surveillance is undertaken—

        • (A) from a public place; and

        • (B) without the use of any surveillance equipment; or

      • (iii) the surveillance is undertaken using a tracking device that has been installed on or in any personal property in accordance with subclause (2)(c):

    • (b) undertake surveillance of an individual who is in or on private property only if—

      • (i) every lawful occupier of the private property has consented to the surveillance; or

      • (ii) the surveillance is undertaken from a public place and the actions of the individual can be observed without the aid of any equipment (including a visual surveillance device) from that public place; or

      • (iii) the surveillance is undertaken using a tracking device that has been installed on or in any personal property in accordance with subclause (2)(c):

    • (c) undertake surveillance of an individual who is in any public place, or any part of a public place.

    (2) A person to whom this code applies may, for the purpose of undertaking surveillance of any individual, install surveillance equipment—

    • (a) in a private dwelling only if every lawful occupier of the private dwelling has consented to the installation of the equipment:

    • (b) on or in any private property only if every lawful occupier of the property has consented to the installation of the equipment:

    • (c) on or in any personal property only if either—

      • (i) the owner of the property has consented to the installation of the equipment; or

      • (ii) the person who is lawfully entitled to the possession of the property has consented to the installation of the equipment.

    (3) A person to whom this code applies (person A) must not cause any other person (person B) to act on behalf of person A in a way that person A is not permitted to act under subclause (1) or (2).