Australian Capital Territory Numbered Acts

WORKPLACE PRIVACY AMENDMENT ACT 2016 (NO. 22 OF 2016) - SECT 11

insert

    (5)     A covert surveillance authority authorising surveillance outside the workplace—

        (a)     may only authorise surveillance to be undertaken from a public place; and

        (b)     may only authorise surveillance to be undertaken in a place that, if it were in a workplace, would be a prohibited non-work area, if the Magistrates Court is satisfied there are exceptional circumstances justifying the surveillance; and

Examples—par (b)

1     a toilet facility

2     a change room

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

        (c)     must not authorise surveillance to be undertaken of a person in part of a premises that is being used for residential purposes.

Examples—par (c)

1     the interior of a residence        

2     the enclosed yard of a residence    

    (6)     In this section:

"public place" means a place to which the public or a section of the public has access, whether—

        (a)     by payment, membership of a body or otherwise; or

        (b)     by entitlement or permission.