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Jay published a website Spy war which was devoted to publishing articles and information about preventing cruelty to animals, publicise events and to notify readers

  1. Jay published a website "Spy war" which was devoted to publishing articles and information about preventing cruelty to animals, publicise events and to notify readers about the activities of various animal welfare lobby groups.
  2. Jay found a number of videos of cruel treatment of farm animals exposed by a lobby group on the internet. The videos appeared to depict a location in Australia as the audio recording attached to the video contained recordings of speech in an Australian accent. The videos were contained on a page headed "Surveillance Logs". They contained no information that would identify any individual, but the short title to each video briefly described its content. The footage was of low resolution apparently from a fixed camera. Bee downloaded some of the videos, and uploaded them to the Spy war website with a tag reading "more vile practices in Australian Agriculture". The website obtained a large number of hits on the videos.

does s11 of the Surveillance Devices Act2007 (NSW) on its proper construction catch what Jay did

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