9. Unlawful possession of surveillance information
(1) A person who is unlawfully in possession of surveillance information commits an offence.
Penalty: $5 000
(2) It is lawful for a person to be in possession of surveillance information only if ¾
(a) the person is a law enforcement officer and has possession of the surveillance information in the course of his or her duty;
(b) the person is assisting a law enforcement officer in the exercise of the officer's duty and has possession of the surveillance information in the course of providing that assistance;
(c) the surveillance information was obtained in accordance with Part 5 of the Act; or
(d) the surveillance information was obtained by the person ¾
(i) from a person who was lawfully in possession of that information; and
(ii) in circumstances where the publication or communication of the surveillance information to the person was not an offence under section 9 of the Act.
(3) In this regulation ¾
}surveillance information~ means a report or record of a private conversation or private activity of a person, or of the geographical location of a person or object, that was obtained, directly or indirectly, through the use of a surveillance device.