(1) A person is guilty of an offence if the person:
(a) installs, uses or maintains a tracking device to determine the geographical location of a person or thing; and
(b) knows the device is installed, used or maintained without the express or implied consent of:
(i) for a device to determine the location of a person – the person; or
(ii) for a device to determine the location of a thing – a person in lawful possession or having lawful control of the thing.
Maximum penalty: 250 penalty units or imprisonment for 2 years.
(2) Subsection (1) does not apply to the installation, use or maintenance of a tracking device:
(a) under a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation; or
(b) under a law of the Commonwealth; or
(c) if the device is installed by a law enforcement officer in the performance of the officer's duty on a thing when the thing is in a public place; or
(d) if the device is installed, used or maintained in prescribed circumstances.