Maybe I was wrong :|
Now I'm confused. I cbf trying to understand the law now. I would read the above documents and see. It seems very grey.
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Maybe I was wrong :|
Now I'm confused. I cbf trying to understand the law now. I would read the above documents and see. It seems very grey.
The Law is a confusing thing and open to interpretation.
The Laws you've put up such as Section 8 of the Surveillance Devices Act doesn't really regulate the use of video surveillance directly, but rather does so indirectly through regulating access to premises or interference with property to install, use or maintain the device. The consent that is referred to is actually consent to the entry onto (or interference with) the premises or vehicle for the purpose of installing, using or maintaining the device, not consent to the installing, maintaining or using per se. So if its your property you can install to your hearts content. So as a result, you as the property owner/occupier whose property the device is installed that must consent (rather than people that might be observed) so the question of whether entering an area to instal a CCTV is moot.
Section 12 does cover video surveillance records, however it only applies if the record was obtained in contravention of the Act (which mainly means contravention of section 8 ), which as above if its your property you have the right to install CCTV systems on your property for the surveillance of your property. You can't point a camera into another's property or even if it partially looks over it (there are laws on such thongs including voyeurism etc laws that are very harsh etc. You can also get an AVO bought against you based on threatening or intimidating behaviour). However a public areas such as a street or nature strip outside your house is a "grey area" when it comes to CCTV if it is included in the background and primary purpose of the system installed is your property. Of course any installation will be subject to the Law, however that doesn't mean you can't so it on your own property.
If I was to do it (and I have), make sure that the "primary" focus of the camera(s) is your property. Any installation must be done with due care. Point it away from the neighbour's or private property and keep the camera primarily focused on your property. If it just so happens to view a public area such as a street in the background then whilst not ideal, it gives you a "primary purpose" argument. The sound thing is a simple no go. You can't legally surveil or record and keep/listen to a persons conversations without express permission or legal order from the courts (such as police warrant etc).
Either way if nothing else you will be able to see whose doing it and go from there.
thanks for the input guys. i understand it is illegal and have decided that the focus of the camera will be set up on the front gate to my house. in the backround you can see the cars. also if anything backfires on me i could argue its there so i can see whose coming to my door before i open it. im actually thinking of installing two cameras now because the focus will be "on my property" that way ill get more background footage
chances are it's someone you know. Just focus one directly on the street for a week or two, see what happens ;) Then report them saying you seen it happen. haha
yeh obviously it someone we know. me and 2 other mates in the area got hit in the same night the first night. now though its just been me. and these things arent random cause my street is out of the way in regards to main roads etc (theres only 9 houses). the neighbours dont care they're actually for it. like on the weekend they let the pressures down on the tyres in the astra and two of them now are no longer holding air. so ill be rolling on stockies for a bit now. i got 3 sets of wheels anyway. so ive been thinking i might need two cameras now. one two watch the side fence, (and a bit of the street subtly) and one to watch the front porch and the street. these will be focussed on my property. one camera can be average but the other needs to be pretty heavy duty in that ill be needing good images from about 15ms away. my street is fairly dark (theres only one street light) but i might be able to get my neighbour to leave a sensor light on for a case of beer. my limit on the whole setup is around 400ish absolute max. i cant afford to spend more than that
fk it mate, just for a week watch the road ;)
Don't know what the quality is like, but its cheap and I'm thinking of getting one myself.
http://www.ebay.com.au/itm/Black-CCT...item4153aa630e
im actually really considering this one
http://www.ebay.com.au/itm/Security-...ht_4518wt_1139
from all the others ive seen its better than anything else for that money and compares with cameras on ebay for around 80-150
the onyl bad thing is it has a fairly narrow viewing angle 40 degrees