Are GPS Trackers Legal in Australia?

It's one of the most common questions we hear at TechMonkey: is it legal to use a GPS tracker in Australia? The short answer is yes, for tracking your own vehicles and property. Tracking other people is a different matter. This guide gives a plain-English overview. It is general information, not legal advice, and the rules vary between states and territories.

Tracking your own vehicle or property

Fitting a GPS tracker to a car, ute, caravan, trailer, boat or piece of equipment that you own is generally lawful. This is how most of our customers use trackers: to protect their own assets from theft and to recover them if they're stolen.

Tracking someone else is regulated

Each state and territory has surveillance devices laws. In general terms, they restrict installing or using a tracking device to find out where a person, or an object they own or possess, is located without their consent. Breaking these laws can be a criminal offence.

That means you generally should not:

• Hide a tracker on someone else's vehicle without their permission.
• Track a partner, former partner or family member secretly.
• Use a tracker to follow or monitor a person without a lawful reason and consent.

Covert tracking of a person can also be relevant in family violence and stalking matters. If you're worried you're being tracked, contact police.

Tracking business vehicles and employees

Businesses commonly track company vehicles for security, safety and efficiency. That's generally acceptable, but employers need to follow workplace surveillance rules where they apply. In some states this includes giving employees written notice before tracking begins. Best practice is to:

• Tell staff which vehicles are tracked and why.
• Put the tracking policy in writing.
• Be clear about private use outside work hours. See our guide to vehicle tracking outside work hours.
• Limit access to location data to the people who need it.

Tracking family members with consent

Personal trackers are popular for checking on elderly relatives, young drivers or people who need extra safety support. The key is consent and transparency: make sure the person knows about the tracker and agrees to it, or that you have the appropriate legal authority to make that decision for them.

Selling or lending a tracked vehicle

If you sell a vehicle with a tracker fitted, remove it or tell the buyer and transfer the account. Similarly, let anyone who borrows your vehicle know it is tracked.

The bottom line

Use GPS trackers to protect what you own, be open with anyone else who uses the vehicle, and never track a person secretly. If your situation is complicated, get legal advice for your state or territory.

Looking for a tracker for your own vehicle? Browse our full range of GPS trackers in Australia.