Document ID: chunk:federal_register_of_legislation:C2004A00552:clause:1_26a
Version: federal_register_of_legislation:C2004A00552
Segment Type: clause
Provision Reference: sch 1 cl 26A
Character Range: 16858–18283

26A  Unlawful and lawful uses of tracking devices

Unlawful use of tracking devices

 (1) Subject to subsection (2), it is unlawful for an officer, employee or agent of the Organisation to use a tracking device for the purpose of tracking a person or an object. It is the duty of the Director‑General to take all reasonable steps to ensure that this subsection is not contravened.

Note: Tracking device, track and object are defined in subsection (3).

Lawful use of tracking device

 (2) Despite any law of a State or Territory, an officer, employee or agent of the Organisation does not act unlawfully, by using, for the purposes of the Organisation, a tracking device for the purpose of tracking a person or an object if:
 (a) the person, or the person using the object, consents to it being done; or
 (b) the officer, employee or agent of the Organisation does so in accordance with a warrant issued under section 26B or 26C.

Definitions

 (3) In this section:

apply includes attach to or place on or in.

object means:
 (a) a vehicle, aircraft, vessel or other means of transportation; or
 (b) clothing or any other thing worn; or
 (c) any other thing.

track an object or person means be aware of the movement of the object or person from place to place.

tracking device means a device or substance that, when applied to an object, enables a person to track the object or a person using or wearing the object.