GPS Tracking Legislation Australia
State based reference links for GPS tracking, surveillance devices and related legislation across Australia.
Using a GPS tracking system is legal in all Australian states, however each state has different legislation on how tracking systems and other surveillance devices can be used.
This page provides links to individual state legislation regarding these devices. Although we endeavour to provide links to the most up to date version from each state, it is your responsibility to ensure you have read, understood and abide by the latest version from your state's governing body.
The information and links provided on this page are for reference only. Please seek legal assistance if you require further clarification for your tracking requirements.
Victoria
In Victoria, GPS tracking is regulated under the Surveillance Devices Act 1999. A person must not knowingly install, use or maintain a tracking device to determine the location of a person without that person's express or implied consent, or to determine the location of an object, vehicle or asset without the express or implied consent of the person who has lawful possession or lawful control of it.
For business and fleet use, this generally means drivers, employees, contractors or other vehicle users should be informed that GPS tracking is in use and should provide express or implied consent through appropriate workplace, vehicle use or fleet policies.
New South Wales
In New South Wales, GPS tracking is regulated under the Surveillance Devices Act 2007. A tracking device is an electronic device capable of being used to determine or monitor the geographical location of a person or object.
The Act generally restricts installing, using or maintaining a tracking device to determine the location of a person without consent, or to determine the location of an object without the consent of the person lawfully in possession or control of that object.
For business and fleet use, vehicle users should be clearly notified that tracking is in place, and consent should be covered through employment, contractor, vehicle use or fleet policies where relevant.
Australian Capital Territory
In the ACT, general surveillance device matters are covered by the Crimes (Surveillance Devices) Act 2010. This Act includes tracking devices and should be reviewed for non-workplace use.
Workplace tracking is also separately covered by the Workplace Privacy Act 2011. For workplace use, employers should pay particular attention to notice, consent and workplace surveillance requirements before using tracking devices for workers, vehicles or equipment.
Queensland
Queensland does not appear to have dedicated surveillance devices legislation specifically regulating private GPS tracking in the same way as some other states.
The most relevant reference listed here is the Criminal Code Act 1899, particularly unlawful stalking provisions that refer to monitoring, tracking or surveilling a person using technology. This means GPS tracking should still be handled carefully, especially where tracking could relate to a person rather than only a company owned vehicle or asset.
For business and fleet use, clear notice, proper internal policies and appropriate consent are still recommended.
Northern Territory
In the Northern Territory, GPS tracking is covered under the Surveillance Devices Act 2007. The Act includes tracking devices and regulates when surveillance devices may be installed, used or maintained.
For business and fleet use, users should review the Act carefully and ensure that tracking is supported by clear consent, lawful authority or appropriate workplace and vehicle use policies.
South Australia
In South Australia, GPS tracking is regulated under the Surveillance Devices Act 2016. The Act includes tracking devices and sets rules around the installation, use and maintenance of surveillance devices.
In a business or fleet context, tracking should be supported by clear notification, appropriate consent and suitable policies that explain when and how tracking is used.
Western Australia
In Western Australia, GPS tracking is covered under the Surveillance Devices Act 1998. The Act regulates listening devices, optical surveillance devices and tracking devices.
Western Australia has more unusual wording than some other states, as the Surveillance Devices Act 1998 refers to consent from the person in possession or control of the object, rather than specifically referring to lawful possession or lawful control. This may create a grey area where a vehicle or asset has been stolen.
If a tracked vehicle or asset is stolen in WA, you should contact police and seek legal advice before relying on tracking information or taking any recovery action.
For vehicle, asset and fleet tracking, the key practical issue is ensuring that GPS tracking is only used where permitted and that the relevant people are properly informed. Workplace and fleet policies should clearly explain the use of tracking devices.
Tasmania
Tasmania does not appear to have dedicated private GPS tracking legislation listed here in the same way as several other Australian states and territories.
This does not mean GPS tracking can be used without care. Privacy, workplace, employment, stalking, trespass and other legal issues may still apply depending on the situation.
For business and fleet use, clear notice, written policies and appropriate consent are still recommended.
No dedicated private GPS tracking legislation listed