GPS Tracking Surveillance Laws in Australia

The legislation for GPS tracking in New South Wales is subtly but importantly different to the Victorian legislation.

In NSW, a tracking device is defined as any device that is capable of being used to determine or monitor the geographical location of a person or an object. The word 'capable' is significant — it is very different from something whose primary purpose is to determine location.

Under this definition, a mobile phone with built-in GPS is a tracking device in NSW, even if location tracking is not its primary function.

The remainder of the law in NSW mirrors the Victorian legislation (see below): tracking without consent is prohibited, and consent can be given explicitly or implicitly.

Employers in NSW have an additional obligation under the Workplace Surveillance Act 2005 (NSW), which requires employers to provide written notice to employees at least 14 days before GPS surveillance of company vehicles begins. The notice must specify the type of surveillance, how it will be conducted, and when it will start. Covert surveillance of employees is illegal under this Act, with fines of up to $5,500 per offence.

Under the Surveillance Devices Act 1999 (Vic), a tracking device is defined as an electronic device whose primary purpose is to determine the geographical location of a person or an object. This is a narrower definition than NSW — primary purpose matters in Victoria.

You cannot knowingly install, use or maintain a tracking device to locate a person without their consent, or to locate an object without the consent of the person in lawful possession of that object.

Consent may be given explicitly or implicitly. Explicit consent means being directly asked and agreeing to be tracked. Implicit consent may arise where an employment contract or vehicle use policy includes provisions permitting tracking — in such cases, an employee who has signed that contract is likely to have implicitly consented to tracking of company vehicles or devices.

In Victoria, a mobile phone is arguably not a tracking device because its primary purpose is communication, not location determination. This means location-sharing apps on a phone may not be regulated under this Act.

Victoria also provides an exception for stolen property: if a vehicle or asset has been stolen, the person in possession of it does not have lawful possession, so no consent is required to use a tracking device to locate it.

The Surveillance Devices Act 1999 (Vic) has been amended multiple times. The most recent version (Version 048) took effect December 2025, with amendments relating to body-worn cameras and evidence admissibility. The core tracking device provisions relevant to GPS remain unchanged.

Western Australia uses a broader definition of tracking device similar to NSW — any device capable of being used for tracking purposes, not just those whose primary purpose is tracking.

Western Australia goes further than other jurisdictions in two important ways. First, it is not only the person using or installing the device who commits an offence — anyone who causes a tracking device to be installed, used or maintained may also be in breach. This means a business that asks a third party to install tracking on a vehicle to monitor a spouse's movements is in breach of the Act, as much as the installer.

Second — and notably — Western Australia does not include the exception for unlawful possession that exists in Victoria and other states. This means that even tracking a stolen vehicle for recovery purposes may technically be unlawful in WA, with both the tracking company and the vehicle owner potentially non-compliant.

South Australia enacted the Surveillance Devices Act 2016 (SA), which commenced operation on 18 December 2017. This Act replaced the Listening and Surveillance Devices Act 1972 and brought South Australia into line with other Australian jurisdictions by extending regulation to optical surveillance, data surveillance and tracking devices.

Under Section 7 of the Act, a person must not knowingly install, use or maintain a tracking device to determine the geographical location of a person without their express or implied consent, or a vehicle or thing without the consent of the owner or person in lawful possession.

The penalties are significant: corporations face fines of up to $75,000. Individuals face fines of up to $15,000 or imprisonment for 3 years.

Implied consent is sufficient in South Australia — meaning an employee who has signed an employment contract or vehicle use policy that includes GPS tracking provisions is likely to have implicitly consented. However, the intent must be clear and the employee must be reasonably informed.

Queensland currently has no specific regulation or prohibition on the private or commercial use of GPS tracking devices. There is no Surveillance Devices Act in Queensland that specifically addresses GPS tracking.

While there is no dedicated GPS tracking legislation in Queensland, the Invasion of Privacy Act 1971 (Qld) regulates listening devices and has some broader surveillance provisions. The Criminal Code (Qld) s 359B also creates the offence of unlawful stalking, which explicitly includes monitoring or tracking a person's movements without consent using technology.

Tasmania has no specific regulation or prohibition on the use of GPS tracking devices. The tracking of vehicles, assets, and objects is largely unregulated by state-specific surveillance legislation.

The Northern Territory Surveillance Devices Act 2007 uses a definition and offence framework essentially the same as New South Wales. A tracking device includes any device capable of being used to determine geographical location.

Tracking without consent is prohibited, and the same consent principles apply as described under NSW.

The ACT uses a definition and offence description essentially the same as New South Wales. A tracking device is any device capable of determining geographical location, and tracking without consent is prohibited.

Employers in the ACT have specific obligations under the Workplace Privacy Act 2011 (ACT), which mirrors NSW's requirements. Employers must provide prior written notice to employees before tracking begins and must document the nature, purpose and scope of surveillance. Failure to comply carries fines of $5,000 per offence.