QR Codes and tracking

### **INTRODUCTION**

You can refuse to engage with the QR code/ Sign in process, as it contravenes several government acts. Go to the Scripts page, for how to legally refuse QR code tracking.

Forcing you to use QR code tracking is in violation of the **Privacy Amendment Act 2020.** It has also been noted that the use of QR codes through the phone carries general security risks.

Government handbook which discusses Privacy Act

### **Privacy Amendment Act 2020**

(1) A person commits an offence if the person requires another person to:

(a) download COVIDSafe to a communication device; or

.....

(2) A person commits an offence if the person:

(c) refuses to allow another person to enter;

(d) refuses to allow another person to participate in an activity:;

(e) refuses to receive goods or services from another person, or insists on providing less monetary consideration for the goods or services; or

(f) refuses to provide good or services to another person, or insists on receiving more monetary consideration for the goods or services;

### **Surveillance Devices Act 2016 :**

**7—Tracking devices**

(1) Subject to this section, a person must not knowingly install, use or maintain a tracking device to determine the geographical location of—

(a) a person without the express or implied consent of that person;

### **The Emergency Management Act 2004**

Note that there is a general assumption that the Emergency Management Act over rides all other legislation. It does not.

The Emergency Management Act does provide the government with many over-reaching powers however the act also states the following:

Section 5(1) states: *"Subject to this section, this Act is in addition to and does not limit, or derogate from, the provisions of any other Act."*

In addition to this act there are documents titled *Emergency Management (Public Activities No 24) (COVID-19) Direction 2021*. Presently this document is numbered 24, signed on 7 May, however the base document is updated frequently so it is useful to look f or new versions every so often, documents are located here:

### **PROCESS**

SA Police (ABN 93 799 021 552) has now announced they will be conducting Operation Trace to bully, harass and intimidate the population into complying with the government directions. Familiarise the the various laws outlined in the section below, practice how you expect to handle the situation if it should arise.

You have various options;

* you can comply in full providing correct details
* you can comply in part providing incorrect details, such as name "under duress" or "no consent" etc
* you can attempt to educate, note this may not be successful as most shops are concerned about being fined even though there is no just cause
* worst case is the police and/ or their officer may choose to fine you, we will provide advice for how to handle these. Anecdotally in Victoria where the recipient elected to go to court to contest the fine, apparently these were nearly always thrown out. These fines are not even legal let alone lawful, they are just trying to intimidate to force compliance.

Enter Shop/ Pharmacy:

Start recording, even just the vocals initially

Shop staff ask you to scan the QR code

* REFUSE, do not offer to use your phone – cite the Privacy Amendment Act 2020 section 94H (1) – it is an offence to require the use of the COVIDSafe app: penalty up to 5 years in prison
* If shop staff refuse to allow access or serve you – cite the Privacy Amendment Act 2020 section 94H (2) – it is an offence to refuse access or to refuse to provide service: penalty up to 5 years prison

Shop staff ask you to sign in using paper and pen (which is an option they are obliged to provide)

* REFUSE, Do not give your consent – cite Surveillance Devices Act 2016 Section 7 (1 a): penalty fine $15,000 (individual) - $75,000 (organisation) or 3 years in prison

If Shop staff say that the Emergency Management Act overrides these acts explain that is false, the Emergency Management Act explicitly states it does not override any other acts or derogate from them, see more detail below.

If you still have trouble point out that the individual is committing offences according to relevant legislation and explain that they are personally responsible, ask for their contact details explaining that action may be taken against them including the payment of compensation for their assault on/ breach of your human rights.

If the police get involved ask for their identifying details (including name, badge number, office location, insurance policy id), ask them to cite the laws they are using to establish jurisdiction, ask them to show you the section within any acts including and specific statement identified.

Note that if a company/ organisation is trying to coerce their employees to be track and traced this is also an offence under the Fair Work Act 2009 and is subject to penalty. Note that the Business may open itself to prosecution for forcing employees to download COVIDSafe.

You can consider using a letter of conditional acceptance if you would like an example please request it via the research group. We are currently trying to resolve the difficulties we have with loading documents to this wiki.

**Refer to the excerpts from the acts shown below**

You may wish to provide the shop/ organisation with a copy of the **Public Notice** document attached toward the end of this page.

Alternatively you may wish to use the **Letter of Conditional Acceptance** in which the individual providing the pressure gives written assurance that they will indemnify you for any harm caused, also toward the end of this document.

In any event please provide feedback to CLC SA as tworst case o what steps you took and what result you achieved so these notes can be refined through experience.

Refer to the scripts page to see suggestions for what to say, and print a copy of section 94H of the Privacy Act, below.

### **LEGISLATION**

If we wish to avoid QR code and contact tracing, then the following acts of parliament come to our assistance. These are:

#### **Privacy Amendment Act 2020**

Section 94H: You can not be required/ compelled to use the COVIDSafe app.

**94H Requiring the use of COVIDSafe**

(1) A person commits an offence if the person requires another person to:

(a) download COVIDSafe to a communication device; or

(b) have COVIDSafe in operation on a communication device; or

(c) consent to uploading COVID app data from a communication device to the National COVIDSafe Data Store.

Penalty: Imprisonment for 5 years or 300 penalty units, or both.

(2) A person commits an offence if the person:

(a) refuses to enter into, or continue, a contract or arrangement with another person (including a contract of employment); or

(b) takes adverse action (within the meaning of the *Fair Work Act 2009*) against another person; or

(c) refuses to allow another person to enter:

(i) premises that are otherwise accessible to the public; or

(ii) premises that the other person has a right to enter; or

(d) refuses to allow another person to participate in an activity; or

(e) refuses to receive goods or services from another person, or insists on providing less monetary consideration for the goods or services; or

(f) refuses to provide goods or services to another person, or insists on receiving more monetary consideration for the goods or services; Authorised Version C2020A00044

**Schedule 1** Amendments

*12 Privacy Amendment (Public Health Contact Information) Act 2020 No. 44, 2020*

on the ground that, or on grounds that include the ground that, the other person:

(g) has not downloaded COVIDSafe to a communication device; or

(h) does not have COVIDSafe in operation on a communication device; or

(i) has not consented to uploading COVID app data from a communication device to the National COVIDSafe Data Store.

Penalty: Imprisonment for 5 years or 300 penalty units, or both.

(3) To avoid doubt:

(a) subsection (2) is a workplace law for the purposes of the *Fair Work Act 2009*; and

(b) the benefit that the other person derives because of an obligation of the person under subsection (2) is a workplace right within the meaning of Part 3-1 of that Act.

#### **Surveillance Devices Act 2016**

Section 7: Person must give their consent

**7—Tracking devices**

(1) Subject to this section, a person must not knowingly install, use or maintain a tracking device to determine the geographical location of—

(a) a person without the express or implied consent of that person; or

(b) a vehicle or thing without the express or implied consent of the owner, or a person in lawful possession or lawful control, of that vehicle or thing.

Maximum penalty:

(a) in the case of a body corporate—$75 000;

(b) in the case of a natural person—$15 000 or imprisonment for 3 years.

(2) Subsection (1) does not apply—

(a) to the installation, use or maintenance of a tracking device if—

(i) the installation, use or maintenance of the device is authorised under this Act or any other Act or a corresponding law; or

(ii) the installation, use or maintenance of the device is authorised under a law of the Commonwealth; or

(iii) the device is installed, used or maintained for the purposes of an approved undercover operation under Part 2 of the *Criminal Investigation (Covert Operations) Act 2009* by, or on behalf of, a person who is an authorised participant in the approved undercover operation; or

(b) to the use of a tracking device solely for the purpose of the location and retrieval of the device; or

(c) to the installation, use or maintenance of a tracking device in prescribed circumstances.

***Tracking device*** means—

(a) a device capable of being used to determine the geographical location of a person, vehicle or thing; and

(b) associated equipment (if any),

but does not include a device, or device of a class or kind, excluded from the ambit of this definition by the regulations;

***Data surveillance device*** means—

(a) a program or device capable of being used to access, track, monitor or record the input of information into, or the output of information from, a computer; and

(b) associated equipment (if any),

***Blacks Law Dictionary 4th Edition***

**DEVICE.** An invention or contrivance; any result of design; as in the phrase "gambling device," which means a machine or contrivance of any kind for the playing of an unlawful game of chance or hazard. State v. Blackstone, 115 Mo. 424, 22 S.W. 370. Also, a plan or project; a scheme to trick or deceive; a stratagem or artifice; as in the laws relating to fraud and cheating. State v. Smith, 82 Minn. 342, 85 N.W. 12. Also an emblem, pictorial representation, or distinguishing mark or sign of any kind; as in the laws prohibiting the marking of ballots used in public elections with "any device." Baxter v. Ellis, 111 N.C. 124, 15 S.E. 938, 17 L.R.A. 382. In a statute against gaming devices, this term is to be understood as meaning something formed by design, a contrivance, an invention. It is to be distinguished from substitute," which means something put in the place of another thing, or used instead of something else. Henderson v. State, 59 Ala. 91. In Patent Law A plan or contrivance, or an application, adjustment, shaping, or combination of materials or members, for the purpose of accomplishing a particular result or serving a articular use, chiefly by mechanical means and usually simple in character or not highly complex, but involving the exercise of the inventive faculty.

**8—Data surveillance devices**

(1) Subject to this section, a person must not knowingly install, use or maintain a data surveillance device to access, track, monitor or record the input of information into, the output of information from, or information stored in, a computer without the **express or implied consent of the owner**, or person with lawful control or management, of the computer.

Maximum penalty:

(a) in the case of a body corporate—$75 000;

(b) in the case of a natural person—$15 000 or imprisonment for 3 years.

(2) Subsection (1) does not apply—

(a) to the installation, use or maintenance of a data surveillance device if the installation, use or maintenance of the device is authorised—

(i) under this Act or any other Act or a corresponding law; or

(ii) under a law of the Commonwealth; or

(b) to the installation, use or maintenance of a data surveillance device in prescribed circumstances.

#### **The Emergency Management Act 2004**

It is a popular belief that the Emergency Management Act over rides all other acts, it does not. It specifically states the following:

*5—Interaction with other Acts*

*(1) Subject to this section, this Act is in addition to and does not limit, or derogate from, the provisions of any other Act.*

*(2) Where the provisions of this Act are inconsistent with any other Act or law, this Act prevails to the extent of the inconsistency.*

The Emergency Management Act makes no explicit reference to privacy or to QR coding, track or trace that might override any of the Acts outlined above.

In addition there is a document titled *Emergency Management (Public Activities No 24) (COVID-19) Direction 2021,* this document is updated and reissued frequently. Currently it stands at #24 which was dated 7 May. It is advisable to review current status every 2-4 weeks to see what has changed. The document states that it falls under the Emergency Management Act section 25, however no reference to the direction document can be found by this author.

#### **Federal Crimes Act 1914**

Section 28 of the Federal Crimes Act (1914) states:

"Any person who, by violence or by threats or intimidation of any kind, hinders or interferes with the free exercise of performance, by any other person, of any political right or duty, shall be guilty of an offence" The penalty is up to three years imprisonment

Section 109 of the Constitution of the Commonwealth of Australia ........"When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid".

#### **UNITED NATIONS Charter of Human Rights**

Each of us has unalienable rights bestowed upon us by our creator at our birth. These unalienable rights can not be removed/ denied though they can be rescinded by choice. The Government likes to imply that these rights do not exist and that they have dominion over us so it is up to us to remind them of our unalienable rights when confronted with the restrictions they impose.

Australia is under the trusteeship of the United Nations and has been since 1945. Australia is also signatory to many international charters/ treaties/ agreements including the United Nations Charter of Human Rights.

The Charter of Human Rights was developed by Member Nations after World War II and defines a set of rights that people have and that are protected by this charter.

The Charter can be found here

The Charter consists of 30 articles take the time to read it in full, articles 1,2,5,7,12,18,27 - 30 are particularly relevant.

Each of us needs to learn to stand in our rights in the face of bullying, intimidation and harassment as perpetrated by the SA Police Force, ABN 93 799 021 552.

#### **Universal Declaration on Bioethics and Human Rights**

Article 6 of the Universal Declaration on Bioethics and Human Rights103 states:

Any preventive, diagnostic and therapeutic medical intervention is only to be carried out with the prior, free and informed consent of the person concerned, based on adequate information. The consent should, where appropriate, be expressed and may be withdrawn by the person concerned at any time and for any reason without disadvantage or prejudice.

Lockdowns and contact tracing are presumably implemented as a “preventative health” intervention but in that case they would require prior informed consent from each individual. That was never taken. Once again, Public Administering Authorities have contravened these covenants. There are surely many other breaches of the Bioethics and other such Declarations.

#### **International Covenant on Civil and Political Rights**

The preamble to this UN document dated 1967 is as follows:

*The States Parties to the present Covenant,*

*Considering that. In accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and*

*inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Recognizing that these rights derive from the inherent dignity of the human person.*

*Recognizing that, in accordance with the Universal Declaration of Нuman Rights, the ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural rights.*

*Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms, Realizing that the individual, having duties to other individuals and to the community to which he belongs, is under a responsibility to strive for the*

*promotion and observance of the rights recognized in the present Covenant, Agree upon the following articles:*

#### **Use Of Public Notice**

**Section 94H, Privacy Amendment 2020:** File:PrivacyAmendment2020 94H.pdf

**Provide the public notice to the organisation attempting to enforce Contact tracing upon you:**
File:Conditional Acceptance Covid Contact Tracing Draft.pdf

**Kathleen's legal portfolio, printout and carry with you:** File:AlishasArmaments.pdf

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